Sabin v. Rauch

Suit by vendor, plaintiff below, to require vendee, defendant below, to specifically perform her contract of purchase. We held that if defendant were required to completely perform there would be a reasonable doubt that she would receive marketable title because of certain joint tenancy deeds issued to third parties by former vendors of the property. Sabin v. Rauch, 75 Ariz. 275, 255 P.2d 206. The facts are found in the original opinion. On motion for rehearing, amici curiae were granted leave to appear and file a brief. In the light of the points raised therein, we decided to re-examine the question and grant rehearing, giving defendant opportunity to answer brief of amici curiae.