(Download) "Cole v. Steinlauf" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free
eBook details
- Title: Cole v. Steinlauf
- Author : Supreme Court of Connecticut
- Release Date : January 26, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
There is no dispute as to the facts. The
case presented a single question of law.
It appears from the finding that it was
submitted on the pleadings. The only evidence was
the deed which was part of the defendant's chain
of title. The plaintiffs and the defendant entered
into a contract for the sale of real estate
situated in Norwalk. The plaintiffs were named as
purchasers and the defendant as seller. The
contract provided that if the seller was unable
to convey title to the premises free and clear
of any defect of title, the purchasers had
[144 Conn. 631]
the option of rejecting the seller's deed. In the
event of such a rejection, all sums paid on
account, together with reasonable fees for the
examination of the title, were to be repaid to the
purchasers. The plaintiffs paid the defendant $420
as a deposit when the contract was executed. They
engaged an attorney to examine the title before
the closing date of July 1, 1955. The attorney
discovered that a deed had been executed in New
York on October 22, 1945, to a predecessor in
title of the defendant. It appears from the deed
that it ran to the grantee "and assigns forever."
No mention was made of "heirs" as would be
customary and necessary in a fee simple conveyance
made in Connecticut. The plaintiffs refused to
accept the defendant's deed on the ground that the
1945 deed did not mention the heirs of the
grantee. They made demand upon the defendant for a
return of the $420 deposit plus expenses for the
search of the title, which it was stipulated
amounted to $50. The demand was refused, and the
instant suit was thereafter brought.
 "Cole v. Steinlauf" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free){kind=link}