Whittemore v. Darden

Citations

• 9 App. D.C. 449
• 1896 U.S. App. LEXIS 3130

Syllabus

<p>Real Estate, Contract for Sale of ; Defective Title ; Quit Claim Deeds ; Notice to Vendee ; Deposit on Purchase Money ; Right of Vendee to Recover.</p> <p>1. Where a title company employed by a vendee to examine the title to real estate which he has contracted to purchase reports the title defective because of the insufficiency of certain acknowledgments, and the vendor, while maintaining that the examiner is mistaken, agrees to procure quit claim deeds to cure the alleged defects, such agreement on his part is a virtual acquiescence in the vendee’s position as to the state of the title and relieves the latter from the obligation of completing the purchase within the time limited by the contract, and makes such completion practically dependent upon the procurement of the quit claim deeds.</p> <p>2. In such case, it is the duty of the vendor, upon procuring the quit claim deeds, to inform the vendee of the fact, and thereby fix the liability of the latter under the contract.</p> <p>3. And where, instead of giving such notice, the vendor retains the quit claim deeds in his own possession or under his control, and thereafter, without notice to the vendee, sells the property to another person, the vendee will be entitled to recover back money paid by him at the time of entering into the contract as a deposit to be credited upon the purchase money.</p>