Williams v. Bricker

Citations

• 83 Kan. 53
• 109 P. 998
• 1910 Kan. LEXIS 469

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title — Doubtful or Nonmerchantable. A title need not in fact be bad in order to make it unmarketable or nonmerehantable. The question is- whether a reasonably prudent man, familiar with the facts and apprised of the question of law involved, would accept the title in the ordinary course of business. Nor is it enough, even, that the court on the whole consider it good. If there be doubt or uncertainty sufficient to form the basis of litigation, the title is unmarketable.</p> <p>2. -Action to Recover Purchase Money — Determination of Question of Law upon which Sufficiency of Title Depends. In an action to recover back purchase money for the failure of the vendor to comply with an agreement to furnish a marketable title, where the parties whose possible claims may affect the title are not before the court, the question of law upon which the title turns will not be determined, but the title will be deemed unmarketable if the question is one upon which it is apparent that other courts might entertain a different opinion.</p>