HM Holdings, Inc. v. Rankin
United States Court of Appeals for the Seventh Circuit
70 F.3d 933 (1995)
Facts
Robert Rankin (defendant) bought industrial real estate under an installment land contract from HM Holdings, Inc. (plaintiff). In the contract, although HM Holdings warranted the property’s marketable title, the property did not address express warranties about the property’s condition. Instead, the property was sold as is, and Rankin was given adequate time and opportunity to inspect the property before purchasing it. After purchasing the property, Rankin defaulted on the contract, and HM Holdings sued Rankin for a money judgment, foreclosure, and an order allowing the sale of the property. Although Rankin conceded he defaulted on the contract, Rankin argued that the property’s hazardous waste eroded the property’s marketable title and breached HM Holdings’ warranty of title. The district court granted HM Holdings’ motion to dismiss, and Rankin appealed.
Rule of Law
Issue
Holding and Reasoning (Cummings, J.)
What to do next…
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
