John H. Heller, Jr., as Executors of and Trustees Under the Will of John H. Heller, Deceased, Respondents…

Summary

The New York Court of Appeals reversed the Appellate Division’s judgment and affirmed the Special Term’s dismissal of the specific performance action, holding that the vendor could not tender a marketable title and that the appellate court lacked authority to reverse without a new trial. The court affirmed that material defects in title are factual questions and that a purchaser at a judicial sale is not compelled to accept doubtful title.