Day v. Mountin

Citations

• 137 F. 756
• 70 C.C.A. 190
• 1905 U.S. App. LEXIS 4199

Syllabus

<p>1. Vendor and Purchaser—Specific Performance—Contract Enforceable.</p> <p>A contract for the sale of land, made in good faith, may be specifically enforced by the vendor, notwithstanding the fact that he did not have title at the time it was made, where such fact was stated and known to both parties, and he acquired the title before the time for performance arrived.</p> <p>[Ed. Note.—For cases in point, see vol. 44, Cent. Dig. Specific Performance, §§ 257-277.]</p> <p>2. Same—Title of Vendor.</p> <p>A contract for the sale of lands which requires the vendor to furnish an abstract showing clear title calls for title in fee simple, and cannot be specifically enforced by the vendor where the only title shown to a substantial part of the lands is a government entry without final proofs, the legal title remaining in the United States.</p>