Curtner v. Bank of Jonesboro

Hart, C. J.,

(after stating the facts). Curtner relies for ia reversal of the judgment upon the rule in Hampton Stave Co. v. Gardner (C. C. A.), 154 Fed. 805, where it was. held that, upon a breach by a vendor of a covenant to furnish an abstract of title in a contract which grants a time option to purchase land, the measure of damages is the difference between the contract price and the value of the land, and the issue whether or not the vendee would have bought the land if the vendor had furnished the abstract is speculative and immaterial. Without approving that decision as to option…