HALPERT V. ROSENTHAL, 107 R.I. 406, 267 A.2d 730 (1970) CASE BRIEF

HALPERT V. ROSENTHAL
107 R.I. 406, 267 A.2d 730 (1970)
NATURE OF THE CASE: This was a dispute over the sale of real estate.
FACTS: Halpert (P) agreed to convey a family home to Rosenthal (D) for $54,000. D paid a $2000 deposit and closing was set for June 30, 1967 almost 120 days from the date of the agreement. A termite inspection on May 17 revealed that the house was infested with termites. D notified P that he would not close. P sued. When the case came to trial the property had been sold to another party for $35,000. D counterclaimed for the return of the $2000 deposit. The jury found for D and P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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