Court of Appeals of Michigan
306 N.W. 2d 481 (1981)
Sucher (defendant) agreed to sell the subject property to Madhavan (plaintiff). The agreement was made “subject to the existing building and use restrictions, easements, and zoning ordinances, if any.” Sucher would provide “a warranty deed conveying marketable title.” A survey revealed that a drainage easement encroached upon a portion of the patio attached to the residence. The title insurance company excluded the easement from coverage. Madhavan refused to close because the easement precluded conveyance of marketable title and sued to recover a $3,000 deposit. The district court granted summary judgment for Madhavan, and Sucher appealed.
Rule of Law
Holding and Reasoning (Cynar, J.)
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