Mengel v. Williamson

Citations

• 50 Pa. Super. 100
• 1912 Pa. Super. LEXIS 13

Syllabus

<p>Deed, — Covenants—Warranty of title and seizin — Damages—Measure of damages — Burden of proof.</p> <p>1. In the absence of fraud, the measure of damages for breach of warranty of title or seizin as to part only of the land conveyed is the “relative value ” which the part bears to the whole, and this is to be estimated with regard to the price fixed by the parties for the whole.</p> <p>2. In such a case it is competent to prove that the part to which the title has failed was of greater or less value than the part actually conveyed, and the correct measure of damages is the value of the part taken in proportion to the value of the part which the vendee gets, the computation being on the basis of the purchase money. Under this rule either party may show peculiar advantages or disadvantages of the part for which the title failed, but this does not permit evidence of the value of the bargain. The burden of proving the relative value of the part to which the title fails rests on the vendee.</p>