Nolde v. Gray

The following opinion on motion for rehearing was filed June 22, 1905. Rehearing denied:

Barnes, J.

In our opinion in this case, written by Mr. Commissioner Oldham, ante, p. 373, we held that the measure of damages in an action for a breach of contract to convey land is the difference between the price agreed to be paid and the value of the land when the breach occurs, with interest; that to recover the amount paid on the contract and such measure of damages, the vendee must either be evicted from the premises or rescind his contract, and thus place his vendor in statu quo.

The defendant in…