Mallin v. Good

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that covenants that “all heating, plumbing, electrical and air conditioning would be in working order at the time of closing” were collateral undertakings, incidental to the transfer of title
• recognizing availability of post-closing contract action based upon, inter alia, express warranty of workmanship, despite general merger doctrine, since contractual representations as to quality of premises are collateral undertakings not fulfilled by delivery of deed
• recognizing availability of post-closing contract action based upon, inter alia, express warranty of workmanship, despite general merger doctrine, since contractual representations as to quality of premises are collateral undertakings not fulfilled by delivery of deed
• recognizing availability of post-closing contract action based upon, inter alia , express warranty of workmanship, despite general merger doctrine, since contractual representations as to quality of premises are collateral undertakings not fulfilled by delivery of deed
• purchasers of real property remained in contractual privity with sellers even after property was deeded at purchasers’ request to a third-party nominee
• “Whether and to what extent the contract merges into the deed is also a matter of the intention of the parties as evidenced by the language of their agreement and the surrounding circumstances.”

Source: CourtListener parenthetical corpus (CC0).