COLE V. STEINLAUF
144 Conn. 629, 136 A.2d 744 (1957)
NATURE OF THE CASE: This was an action for the return of a deposit on real property.
Appealed. Cole (P) appealed a judgment finding that P did not have grounds to refuse to
accept Steinlauf's (D) deed and have their deposit returned under the terms of their real
estate purchase contract.
FACTS: Cole (P) and Steinlauf (D) entered into a contract in which D was to sell real
property to P. According to the contract, P had the right to reject the deed and have any
money owed on the contract returned if D was unable to provide title which was clear of any
defect. P put a deposit on the property, and retained an attorney to examine the title. The
attorney discovered that the deed of one of D's predecessors in title ran to the grantee
'and assigns forever.' P refused to accept the deed since it made no mention of 'heirs.' P
demanded a return of his deposit, and his costs in obtaining the title search, and D
refused. P sued. The trial court found in D's favor. P appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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