Hepler v. Atts

Opinion by

Flood, J.,

The defendant’s decedent conveyed to the plaintiffs a tract of land of approximately 125 acres, which included 25 acres which he did not own. The price paid for the tract was $6500. The plaintiffs are suing for damages because of the defective title to the 25 acres. The jury found for the plaintiffs but the court below entered judgment n.o.v. in favor of the defendant on the ground that there was no proper proof of damages.

1. The measure of the disappointed buyer’s damages in such case is that fraction of the purchase price which represents the relative value which that…