Property Law Keyed to Cribbet
Wallach v. Riverside Bank
Plaintiff contracted with Defendant to purchase certain property, subject to existing leases and existing restrictions on record, if any, for the purchase price was to be $22,000. At closing, the Defendant offered Plaintiff a quitclaim deed, which Plaintiff refused to accept on the grounds that a previous conveyance in the chain of title was not joined by the wife of the grantor, and that such failure rendered the title unmerchantible. The Defendant refused to return a down payment to Plaintiff and Plaintiff thereafter sued for return of the down payment and incidental damage, such as the title search. The trial court concluded that Plaintiff was entitled to a judgment for the amounts claimed and the intermediate appellate court affirmed. The Defendant appealed.
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