Action for Breach of Warranty - Necessity for Offer to Rescind; Mitigation of Damages

  1. Law
  2. Georgia Code
  3. Property
  4. Acquisition and Loss of Property
  5. Covenants and Warranties
  6. Action for Breach of Warranty - Necessity for Offer to Rescind; Mitigation of Damages

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To recover upon a breach of a covenant of warranty of title, the warrantee need not offer to rescind the deed. However, an offer by the warrantor to rescind the deed and a refusal by the warrantee should be considered in estimating damages.

(Orig. Code 1863, § 2666; Code 1868, § 2662; Code 1873, § 2704; Code 1882, § 3616; Civil Code 1895, § 3616; Civil Code 1910, § 4196; Code 1933, § 29-305.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, § 237.


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