SPECIFIC PERFORMANCE-FAILURE OF VENDOR'S TITLE

Authors

Abstract

The defendant leased his ice plant to the plaintiff with an option to purchase at a certain price and to pay an additional $50 in ice at the market price for the "east 15 ft. of lot 4." The plaintiff exercised the option and performed all the conditions. The defendant failed to execute a deed to the "east 15 ft. of lot 4," claiming that he did not own it, although he had accepted part of the purchase price for the parceI not owned and it was necessary for the operation of the ice plant. In an action for specific performance by the purchaser, the court held the defendant should be required to obtain title to the tract in question, or, if unable to do so, the purchase price should be abated by the value of the property to which the title failed. Reed v. Phillips, (Ark. 1935) 83 S. W. (2d) 554.

Recommended Citation

SPECIFIC PERFORMANCE-FAILURE OF VENDOR'S TITLE, 34 Mich. L. Rev. 890 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss6/18