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Contracts Keyed to Epstein
Halpert v. Rosenthal
Citation:
Supreme Court of Rhode Island 107 R.I. 406, 267 A.2d 730 (1970)Facts
The plaintiff seeks damages for the breach by the defendant vendee of a contract for the sale of real estate. The defendant filed a counter-claim in which he sought the return of his deposit.
On February 21, 1967, the parties hereto entered into a real estate agreement whereby plaintiff agreed to convey a one family house. The defendant inquired about termites, and the real estate agent for the plaintiff stated that there was no termite problem. On May 17th, 1967, a termite inspection was made of the premises, and it was discovered that the house was inhabited by termites. When the case was on trial the house had been sold to another buyer for the sum of 35k, which is 19k less than than the selling price called for in the sale price.
The plaintiff sued for specific performance or monetary damages. The defendant claimed they were induced into the contract via fraud, and filed a counterclaim for 2k to regain their initial deposit.
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