New York Court of Appeals

James T. Vought, Appellants v. Joseph S. Williams, Respondent

April 15, 1890120 N.Y. 253

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the contract's stipulation that the title be "first class" required a marketable title, that the lawyer's approval was not a condition precedent, and that because the title was not marketable due to uncertainty about the heir's death, specific performance could not be compelled.