2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 3 - Covenants and Warranties
§ 44-5-67. Breach of Bond for Title to Land; Measure of Damages
Upon the breach of a bond for title to land, the value of the premises at the time of the breach with interest thereon should be the measure of damages. However, if the vendee has bought up the outstanding title, only the actual damage sustained by him may be recovered.
(Orig. Code 1863, § 2890; Code 1868, § 2898; Code 1873, § 2949; Code 1882, § 2949; Civil Code 1895, § 3805; Civil Code 1910, § 4401; Code 1933, § 20-1413.)
Law reviews.- For comment, "Georgia Installment Sale Contracts - A Time for Reform," see 39 Mercer L. Rev. 651 (1988).
JUDICIAL DECISIONS
Statute does not apply unless all the land is lost. McConnell v. White, 91 Ga. App. 92, 85 S.E.2d 75 (1954) (see O.C.G.A. § 44-5-67).
Right of assignee on a bond are those held by the assignor. Peterson v. Harper, 13 Ga. App. 112, 78 S.E. 942 (1913).
Vendee's option of treating vendor's resale as rescission or breach of bond.
- Vendee has the option of treating a resale of property to a third person, before the vendor has fully rescinded the contract because of a default in payment by the vendee, either as a rescission of the sale or as a breach of the bond. Buck v. Duvall, 9 Ga. App. 656, 72 S.E. 44 (1911).
Measure of damages.
- Jury shall ascertain the value of the land at the time of the breach, and add interest thereon, and return the total amount in solido. Gibson v. Carreker, 82 Ga. 46, 9 S.E. 124 (1889).
Setoff of the actual cost of purchasing a title is permitted in an action by the warrantor on a note. Hull v. Harris, 64 Ga. 309 (1879).
Bond for title is evidence, in a suit for breach of warranty in the deed, to show that the defendants were bound to make plaintiff a good warranty title. Clark v. Whitehead, 47 Ga. 516 (1873).
Cited in McLaren v. Irvin, 63 Ga. 275 (1879); Hull v. Harris, 64 Ga. 309 (1879).
RESEARCH REFERENCES
C.J.S.
- 21 C.J.S., Covenants, § 80 et seq.
ALR.
- Reduction of claim under contract as affecting right to interest, 89 A.L.R. 678.
Measure and amount of damages recoverable under supersedeas bond in action involving recovery or possession of real estate, 9 A.L.R.3d 330.
Vendor and purchaser: marketability of title as affected by lien dischargeable only out of funds to be received from purchaser at closing, 53 A.L.R.3d 678.
Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 A.L.R.3d 1091.
