VENDOR AND PURCHASER-VENDEE'S LIEN-FAILURE OF TITLE

Authors

Abstract

The vendee of a contract for the sale of land discovered that there was great doubt as to whether the buildings were within the bounds described in the contract and whether there were encroachments. Alleging that these defects could not be corrected, he brought a bill in equity seeking cancellation of the contract and praying for a lien upon the lands for the money paid and the expenses incurred. The vendor counter-claimed for specific performance. Held, where the purchaser properly invokes the jurisdiction of the court and where it would be inequitable to compel specific performance, so far as the payments on the purchase price have been made they may be recovered; and there is in equity a lien on the estate to secure the same. Richeimer v. Fischbein et al. (N. J. 1931) 153 Atl. 514.

Recommended Citation

VENDOR AND PURCHASER-VENDEE'S LIEN-FAILURE OF TITLE, 29 Mich. L. Rev. 1103 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss8/44