MADHAVAN V. SUCHER
306 N.W.2d 481 (1981)
NATURE OF THE CASE: This was a dispute over marketable title.
FACTS: Madhaven (P) entered into a contract to buy property from Sucher (D). P paid a
$3,000 deposit and the contract made the sale to Ps subject to existing building and use
restrictions, easements and zoning ordinances. When title was searched problems were found
but a second mortgage survey revealed that the first search was erroneous and that the
drainage easement actually encroached upon a portion of the concrete patio attached to the
rear of the dwelling. The mortgagee advised D that it was ready to proceed with the closing
but P rescinded their offer the week before. D declared the deposit forfeited and P sued to
recover it. The district court agreed with P and granted summary judgment holding that D was
unable to convey marketable title.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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