Jones v. Clemons

1. Where an owner sells land and executes a bond to make title on payment of the purchase-money, and thereafter conveys the land to a third person to secure his own debt and without stipulating or providing that the conveyance is subject to his prior bond for title, he commits a breach of the bond. Gibson v. Carreker, 91 Ga. 617 (17 S. E. 965) ; Cumming v. McDade, 118 Ga. 612, 614 (45 S. E. 479) ; Peterson v. Harper, 13 Ga. App. 112 (2) (78 S. E. 942).

2. In such a ease the vendee may elect either to sue the vendor for damages or to treat the contract as rescinded and sue for such sum as will…