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

Lohmeyer (P) and Bower (D) contracted for the sale of a parcel of land. The contract stated that D would convey good merchantable title, free and clear of encumbrances, but subject to all recorded restrictions and easements applying to the property. In the event that there were imperfections of title, D was to have the opportunity and reasonable time to correct them. Abstract of title showed that the subdivider required each home to have two stories and this home had only one story. A zoning ordinance required that no frame building could be constructed within three feet of the property boundary; there was an 18-inch boundary. D offered to buy extra property from the lot next door. P refused and brought suit to rescind the contract. The trial court ordered specific performance by P. P appealed.

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