4 Denio 546 | N.Y. Sup. Ct. | 1847
When the title to real estate fails after an executed contract of sale, the measure of damages, in an action on the covenants of seisin and for quiet enjoyment, is the consideration money paid, with interest for so long a time as the vendee may be compelled to pay for mesne profits, and the costs of the suit by which he was evicted. He
It may be added, that in this case the plaintiff did not act with sufficient caution. He should have looked into the title, and ascertained whether it was likely to prove satisfactory before he took possession of the property under the contract. On this ground the case of Walker v. Moore, (10 B. & C. 416,) fully sustains the judgment of the court below.
In Hopkins v. Grazebrook, (6 B. & C. 31,) the defendant was held liable on the ground that he had contracted for the sale of lands to which he had no color of title. In Driggs v. Dwight, (17 Wend. 71,) the bargain did not fall through in consequence of any defect of title. The defendant perversely refused to perform his contract, when there was no obstacle in the way. The damages which the plaintiff recovered resulted from the fraudulent conduct of the defendant. Nurse v. Barns, (T. Ray. 77,) is also a case where the defendant wrongfully and without excuse, refused to perform his contract, and kept
Judgment affirmed.