A Treatise On Damages : Covering the Entire Law of Damages, Both Generally And Specifically 3
A Treatise On Damages : Covering the Entire Law of Damages, Both Generally And Specifically 3
Joyce, Joseph A. (Joseph Asbury)
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G. R, Co., 65 N. J. L. 1 ; 47 Atl. 491 ; Stewart v. Drake, 9 N. J. L. (4 Hals.) 139; Waldo v. Long, 7 Johns. (N. Y.) 173; Patterson v. Stewart, 6 Watts & S. (Pa.) 527; 40 Am. Dec. 586; Daggett v. Reas, 79 Wis. 60; 48 N. W. 127; Nichols v. Alexander, 28 Wis. 118. "* Loiseau v. Threlstad (8. D. 1901), 86 N. W. 189. COVENANTS ON SALES OF REALTY. 1805 ifi restricted to the actual amount or value of such incumbrance not exceeding the consideration paid, where the purchaser has enjoyed the possession....^^ But it is further determined that damages to the full extent of the covenant can be recovered,** and also that the damages are not limited to purchase money, but that the diflEerence between tlie contmct price and the ac- tual value at the time of the breach measm*es the compensation.^ Again, a statu toiy provision for the recovery of all damages sustained in removing the incumbrance i-efers only to incum- brances of record, and does not change the rule limiting the recovery to the consideration money .^ § 1805.
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