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Property Keyed to Chase
Bridges v. Heimburger
Facts
Doyle Homes (defendant) built a home on the lot and sold the property by general warranty deed to the Heimburgers (plaintiffs). The Heimburgers contracted to sell the home. However, just before the scheduled closing, the parties discovered that legal title was incorrectly held by Moore Homes.The Heimburgers sued Doyle Homes, Bridges, and Deweese for damages. Before the trial court heard the matter Moore Homes cured the defect in title by filing a quitclaim deed and clarifying that Moore Homes had no interest in the property. After the title had been cured, the Heimburgers rented the house for a time, but they made no further efforts to sell and did not make any further mortgage payments. The property was sold at foreclosure. At trial on the Heimburgers’ damages claim, the court determined that the defendants owed the amount the Heimburgers would have netted from the 1974 sale if the title had there not been defective. Defendants Bridges and Deweese appealed.
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