Soldate v. McNamara
Supreme Court of Connecticut
Action to recover money paid upon a contract for the purchase of real estate, because of an alleged failure to make a good title thereto, brought to and tried by the City Court of Hartford, Bullard, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiffs.
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Action to recover money paid upon a contract for the purchase of real estate, because of an alleged failure to make a good title thereto, brought to and tried by the City Court of Hartford, Bullard, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiffs. On April 9th, 1918, the plaintiffs contracted in writing with the defendant to purchase certain real estate of him located on Babcock Street in Hartford, the defendant on his part agreeing to transfer to them “a good and marketable title” to the property at two o’clock in the afternoon of April 12th, following.…
1Opinion of the CourtCase, J.
When the contract was made no impediment to carrying out its full provisions was known to the parties. The plaintiffs’ discovery of the defect in McNamara’s title, and his treatment of the offered choice of courses made by them as a result of it, imported a new element into their relations. By accepting time to enable him to clear his own title, he not only conceded his present inability to fulfil the agreement, but suspended the need of any further action by the plaintiffs until he should have satisfied the single condition on which the extension was accorded him. He never met the…
2Cases cited4 opinions
- Smith v. LewisSupreme Court of Connecticut · 1856
- Janulewycz v. QuaglianoSupreme Court of Connecticut · 1914
- Lyon v. AnnableSupreme Court of Connecticut · 1822
- Nothe v. NomerSupreme Court of Connecticut · 1886
3Cited by9 opinions
- Leclerc v. AdministratorSupreme Court of Connecticut · 1951
- Tracy v. O'NeillSupreme Court of Connecticut · 1925
- Lunde v. MinchSupreme Court of Connecticut · 1927
- Moore v. MarkelNebraska Supreme Court · 1924
- Mancini v. AdministratorConnecticut Superior Court · 1963
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