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Bartos v. Czerwinski
Supreme Court of Michigan
34 N.W.2d 566 (1948)
Bartos (plaintiff) entered into an agreement to purchase real property from Czerwinski (defendant). The agreement expressly stated that Czerwinski would provide an abstract demonstrating marketable title. Bartos’ attorney reviewed the abstract and concluded that a predecessor in title to Czerwinski might still hold an undivided half interest in the property. Czerwinski prepared a quitclaim deed for the predecessor in title, but did not succeed in having the deed executed. Bartos filed suit demanding specific performance of the purchase agreement. The trial court concluded that Bartos was not entitled to specific performance and dismissed his complaint. Bartos appealed.
Rule of Law
Holding and Reasoning (Carr, J.)
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