Goldstein v. WACHOVIA BANK & TRUST COMPANY

The sole question presented on this appeal is whether or not the court below committed error in sustaining the demurrer ore tenus to the plaintiffs’ complaint.

Ordinarily, where the owner of land makes an enforceable contract to convey the land and the title to the property proves defective in some particular, or his estate is different from that which he agreed to convey, the vendee, at his election, may compel the conveyance of such interest as the vendor may have and obtain “a pecuniary compensation or abate ment of the price proportioned to the amount and value of the defect in title or…