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Cole v. Steinlauf

Supreme Court of Connecticut
136 A.2d 744 (1957)


Facts

Cole (plaintiff) executed a contract to purchase real estate situated in Connecticut from Steinlauf (defendant). The contract provided that Cole could withdraw from the sale and be reimbursed expenses if Steinlauf was unable to provide clear title. A title search revealed that the language of the deed given to Steinlauf by his predecessor conveyed title to Steinlauf “and assigns forever,” but did not include the word “heirs.” Upon the advice of an attorney, Cole reneged on the purchase and demanded the return of deposit money and reimbursement of expenses for the title search. Steinlauf declined and Cole brought suit for monetary damages. The trial court concluded that the deed, although technically defective, effectively conferred title in fee absolute upon Steinlauf and ruled against Cole. Cole appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wynne, C.J.)

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Concurrence (Baldwin, A.J.)

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