Riverside Bank (D) and Wallach (P) entered into a contract for the sale of real property. The sale was subject to 'existing restrictions of record if any,' and involved a quitclaim deed. At closing, D tendered the quitclaim deed, which P refused to accept because the wife of one of the earlier conveyors did not join in the conveyance. However, P tendered performance and offered to go through with the contract if D could tender 'marketable' title. D refused. P filed suit to recover his deposit money and the cost of his title search. The lower court found that P had objected to the quitclaim deed prior to the execution of the contract that the title was not marketable, and that P was entitled to recover. D appeals.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.