Warner v. Denis
Intermediate Court of Appeals of Hawai'i
933 P.2d 1372 (1997)
Relevant factsFree
Frank Denis (defendant) signed a contract to sell property he owned jointly with his wife Vetra, who refused to sign; when buyer Warner (plaintiff) sued for breach of contract after the sale fell through, the circuit court ruled for the Denises, apparently reasoning Frank could not be liable because he lacked marketable title to convey. Warner appealed.
IssueFree
Whether a person is relieved of liability for breach of a promise to sell property simply because he turns out not to have marketable title.