Edward Donovan and Donna Donovan, Formerly Known as Donna Rellinger, Plaintiffs-Respondents v. Carl Bachstadt…

Summary

The Supreme Court of New Jersey held that a buyer of real property is entitled to benefit‑of‑the‑bargain damages when the seller breaches an executory contract for sale of land due to a title defect, measuring damages by the difference between the contract price and the fair market value at the time of breach plus reasonable expenses. The Court modified the Appellate Division’s judgment and remanded for a trial consistent with this measure.