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specific performance — clear title required

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 31 U.S. 389 - William Watts v. William Waddle · 1832Most cited · 60 citing opinions

The principle is too well settled to require any reference to authority in support of it, that a vendor to entitle himself to a specific execution of the contract must be able to make a clear title. No court of chancery will force a doubtful title on the vendee; and it is always necessary that the vendor should not only show a proper degree of vigilance on his part, but that in all things he had complied, or was able to comply, with the contract when he seeks a specific execution of it.