Combs v. Loebner

This case involves a vendor’s failure to convey all the land described in a land sale contract. At the time the contract was formed, both vendor and purchasers were mistaken as to what land vendor owned, and neither made use of available information to discover their mistake until after purchasers had relied on the erroneous contract description by initiating construction of a house. A jury, instructed that purchasers must use reasonable care to safeguard their own interests in forming land sale contracts, found that the parties’ contract had not been breached and, consequently, that the…