Property Law Keyed to Cribbet
Kramer v. Mobley
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Plaintiff entered into a contract with the Defendant to buy land at $65.00 per acre, but the title examination revealed that the Defendant owed a lien in the amount of $2,138.00 to Gordon. The Defendant offered to consummate the deal by offering the title to the Plaintiff along with a certified check for $3,000.00 to cover the lien. Defendant stated that he would institute an action against Gordon disputing the validity of the lien. The Plaintiff refused to accept the title on those terms and then sued after finding out that, according to the Plaintiff, the land was worth $10.00 per acre more than the contract price. The lower court found that the land was only worth $2.00 per acre more than the contract price and entered judgment for Plaintiff on that amount plus additional incidental damages suffered by Plaintiff as the result of Defendant’s breach. Defendant appealed.
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