296. Effect of absence of title to minerals.

If the vendor under a contract for the sale of freehold land has no title to the mines and minerals1, he cannot enforce the contract if he has agreed to show good title2, even if he is willing to or the court could compensate the purchaser3. This is so even where no evidence is given of the existence in the land of minerals of any value4, for the objection to the title is valid unless it is shown that there is no subject matter for the reservation to act upon, or that all right to exercise it has ceased