Clear title required for specific performance of agreement to purchase property.

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21-9-6. Clear title required for specific performance of agreement to purchase property.

An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.

Source: CivC 1877, §2002; CL 1887, §4635; RCivC 1903, §2347; RC 1919, §2018; SDC 1939 & Supp 1960, §37.4610.


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