Aseller entered into a written contract to sell a tract of land to an investor. the contract made no mention of the quality of title to be conveyed. thereafter, the seller and the investor completed the sale, and the seller delivered a warranty deed to the investor. soon thereafter, the value of the land increased dramatically. the investor entered into a written contract to sell the land to a buyer. the contract between the investor and the buyer expressly provided that the investor would convey a marketable title. the buyer's attorney discovered that the title to the land was not marketable, and had not been marketable when the original seller conveyed to the investor. the buyer refused to complete the sale. the investor sued the original seller on multiple counts. one count was for breach of the contract between the seller and the investor for damages resulting from the seller's failure to convey to the investor marketable title, resulting in the loss of the sale of the land to the subsequent buyer.
who is likely to prevail on this count?
(a) the investor, because the law implies in the contract a covenant that the title would be marketable.
(b) the investor, because the original seller is liable for all reasonably foreseeable damages.
(c) the original seller, because she did not expressly agree to convey marketable title.
(d) the original seller, because her contract obligations as to title merged into the deed.