Schultz v. Pollock

This is a suit for specific performance and a counter-claim for the return of the deposit with reasonable allowances.

The contract provides:

"It is expressly understood and agreed that the buildings upon the said premises are all within the boundary lines of the property as described in the deed therefor, and that there are no encroachments thereon."

The contract was to have been closed May 1st, 1926. It was agreed by counsel at the hearing that the original contract did not make time of the essence of the contract; that the premises of the complainants encroached upon the street line some…