Eisenstadt v. Lucke

Citations

• 35 Ohio C.C. Dec. 244
• 25 Ohio C.C. (n.s.) 225

Syllabus

<p>CONTRACTS — REAL ACTIONS — TRIAL</p> <p>1. Creditors of Grantor in Favor of Whom Real Estate Contract Runs, Proper Parties on Breach of Contract.</p> <p>When a contract for the sale of real estate runs in favor of persons to whom tbe proposed grantor is indebted, they are proper and necessary parties to an action for damages on account of failure of the defendant to take the property.</p> <p>2. Measure of Damages in Breach of Contract for Sale of Real Estate.</p> <p>The measure of damages in such a case is the difference between the contract price and the market price at the time of the breach, and it is error to admit evidence as to what the property brought when offered at public auction at a later'date and upon different terms.</p> <p>3. Title not Shown by Deed from Immediate Grantor.</p> <p>Perfect title in the plaintiff is not shown by admission in evidence of a deed from the immediate grantor to plaintiff’s creditor with a declaration of trust by the creditor in his favor.</p> <p>4. Tender of Deed not Necessary when Grantee Refuses to Comply.</p> <p>A tender of a deed is unnecessary when the defendant has declared that under no circumstances does he intend to comply with the contract to purchase, and the plaintiff has made evident that he was ready and willing to perform his part of the contract.</p> <p>5. Exclusion of Deed by Grantor to Third Party for Property in Issue, Prejudicial.</p> <p>It is prejudicial to the defendant in such a case to exclude a deed from the plaintiff to a third party for the property in question, which deed was executed prior to the breach but was not recorded for some time thereafter.</p>