MURRAY v. HIMELFARB

No. 2398.

154 A.2d 358 (1959)

Jerome S. MURRAY, Appellant, v. Clarice G. HIMELFARB and Jordan S. Himelfarb, Clarice G. Himelfarb and David Wiener, Executors of the Estate of Solomon A. Himelfarb, deceased, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided September 18, 1959.


Attorney(s) appearing for the Case

H. Max Ammerman, Washington, D. C., for appellant.

Irving B. Yochelson and David Wiener, Washington, D. C., for appellees.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.


HOOD, Associate Judge.

This case was tried on the following stipulated facts. On December 31, 1953, Mr. and Mrs. Himelfarb,1 hereafter called the sellers, entered into a contract to sell to Murray, hereafter called the purchaser, certain land in the District of Columbia for a price of $240,000. The contract provided that the property "is sold free of encumbrance * * *; title is to be good of record and in fact"; and the contract called...

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