Burwell Against Jackson. Jackson Against Burwell, Cross Suit.

Summary

The New York Court of Appeals held that an implied warranty of title applies to executory contracts for the sale of land, that a covenant to deliver a "good and sufficient deed" requires the vendor to convey good title, and that when the vendor's title is extinguished before deed delivery the purchaser may rescind the contract and has a defense to enforcement of the note; the assignee Burwell was not a bona fide purchaser and therefore had no greater rights. The Court reversed the lower court's judgment, dismissed the bill, granted an injunction, and remanded for enforcement.