Title 23, Chapter 2, Section 134
( 23-2-134)
The vendor seeking specific performance shall show an ability to
comply substantially with his contract in every part and as to all
the property. However, a vendor's want of title or other inability
as to part of the property shall not be a good answer to the vendee
seeking performance who is willing to accept title to part of the
property, receiving compensation for the other part. If the defects
in the vendor's title are trifling or comparatively small, equity
shall decree at his instance, granting compensation for such
defects. |