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- ~ Lastly, the Defendant contends that after exeaution of
t~te contrao~, c~ea.Av, oQCasioned solaly b~r the aats anci conduct ~
, of the Plairit~ffs, p~~eo~uded alasing of tbe contract w3thin the
ti.me fra~ne impoe~d by ~rie agr~ement aY~d that by virtue of said
breach, the Defendant was 3ustified in refusin~ 1:o cloge at a
later date.
- _ In this regard, the Court finds from the eviden~e that
. title defects detected by Plainti~'£s~ attorney, rendered the
title uninsur~ble and uninarketable and ga~ve rise to certain :
3ustifiable delays in an effort to aure or remove said defects
and that such delay.was, therefore, excusable under the express- ~
ter~s_of the agreement. _ . ~ ~
~ ~-The Court further finds that Plaintiffs ultimately and
- - properly exercised their option to agree to take the title sub-
ject to such~outstanding defects a~nd therebq require a closing
of the transact~.on. .
The evidence,_therefore, conclusiv~ly establishes_that
such delay did not con~titute a breaeh of the a~reemen~ by -
Pla3.ntiffs and that the Defendant, therefore,'had no legal ba~is -
for refusing to carry out~the terms of the ~graement. -
_ ` . . _
_ ~ It is accordingly ORDERED AND ADJUDGED that specific
~ performance of the contract referred to in the~Complaint be and ,
_ the sama is hereby granted, the real propert~_forming the sub-
ject matter of said contra t being described as:
- - - ~~-o-~ ^ 3~- ooo`~ _
~ The Southwest on~-quarter ~/4) of the No~thwest
- one-quar;er ~(1/~.~ ~of Section 3, -Towriship 37 Soutth, ~ _ ~
R~nge 3$ East, less the West Qne hurtdred feet
- (100~) for public road right-~f~wav. - _
r..~ -
. It is further ORDERED AND~ ADJiJDGE~1 ti~at ~he respective _
_ _ parties hereto shall- arr$nge for a final closi ng af the _trans--
, ~ ac'tion within thirtp (30) days of the entrp_of th~s judgment,
i - - - - -
~ - at which time Plaintif~s sha11 pay to the Defendant the balanc~_
~ . _ _ .
~ . - _ . -
of the purchase price due under the aontract, and Defendant ~
; . _
.
, .
shall, in her capacity as Executrix,.execute ~nd deliver to
~ th~ Plaintiff~~an Executrixts ~eed to the.sub3ect property. ~
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