Hamaker v. Bryan

This is an action brought by the plaintiffs to recover damages for breach of contract to convey real estate, executed March 14, 1911. The code prescribes the ordinary measure of damages in such cases, and then makes this special provision, “but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate to be conveyed, ’ ’ etc. The price agreed to be paid in the instant case was thirty-three thousand five hundred dollars, of which $250 was paid and $4,750 agreed to be paid in cash, the balance by mortgage and trust deed on the property.…