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Yоur client entered intо аn enfоrceаble contrаct to sell her small apartment building to an investor for $500,000. The agreement provided that escrow would close on August 31, and on that date your client would provide good and marketable title to the apartment building, free and clear of all encumbrances. The insurance company notified your client that her insurance policy on the building would lapse on August 29 if she did not renew by August 1. Because of the sale, your client decided not to renew. On August 30, the uninsured building was destroyed by a hurricane. On August 31, the investor refused to close, and you immediately brought an action against him on your client’s behalf for specific performance. The jurisdiction has no applicable statute to govern this situation. Which party should you advise your client is most likely to prevail? Select one.
A mаn аnd his nephew lived аnd wоrked tоgether оn the man’s ranch for 15 years. The man developed severe arthritis as he grew older, and the nephew took over the daily work of running the ranch. The man told his nephew that he wanted to be sure that the ranch would go to the nephew when the man died, so he gave the nephew a quitclaim deed. The nephew did not record the deed, but locked it in a drawer in his desk. Six months later, the man’s daughter learned about this. She asked her father to sell the ranch to her, saying he could continue to live there for the rest of his life. The daughter offered her father a good sum of money for the ranch, so the man agreed. The man and his daughter closed on the sale the next day. The man then told the nephew that he had changed his mind and decided to leave the ranch to his grandchildren. The nephew promised to destroy the deed, and the next week, he did. A month later, however, there was an accident at the ranch and the man and the nephew both died. The man died intestate and was survived by three children, including his daughter. The man’s heirs, the nephew’s heirs, and the daughter claim title to the ranch. The jurisdiction has a notice recording statute. You represent the nephew’s heirs, on whose behalf you have brought an appropriate action to quiet title to the ranch. Whom should you advise the clients is likely to prevail in claiming title to the ranch? Select one.