Nelson v. Anderson

676 N.E.2d 735 (1997)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
N
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Nelson v. Anderson

Illinois Appellate Court
676 N.E.2d 735 (1997)

Facts

Nelson (plaintiff) contracted to sell his home to Anderson (defendant). Nelson was to deliver a warranty deed conveying marketable title, free and clear of all encumbrances except those mentioned in the contract. The title insurance company’s report revealed that the property violated a restrictive covenant that required all the lots in that subdivision to be set back at least ten feet from the property lines of adjoining owners. Nelson obtained written assurances from the title insurance company that it would insure the violation for Anderson and subsequent purchasers. Anderson nevertheless refused to close and bought another property instead. Nelson sold to another buyer but at a lower price. Nelson sued for damages. Anderson counterclaimed for recovery of the deposit. The trial court granted Anderson summary judgment, holding that Nelson failed to deliver unencumbered title. Nelson appealed.

Rule of Law

Issue

Holding and Reasoning (Maag, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 812,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 812,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 812,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms