TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 3 COVENANTS AND WARRANTIES

44-5-65. Action for breach of warranty - Necessity for offer to rescind; mitigation of damages.

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.)