This section contains the nature of the case and procedural background.

Cole (P) and Steinlauf (D) entered into a contract in which D was to sell real property to P. According to the contract, P had the right to reject the deed and have any money owed on the contract returned if D was unable to provide title which was clear of any defect. P put a deposit on the property and retained an attorney to examine the title. The attorney discovered that the deed of one of D's predecessors in title ran to the grantee 'and assigns forever.' P refused to accept the deed since it made no mention of 'heirs.' P demanded a return of his deposit, and his costs in obtaining the title search, and D refused. P sued. The trial court found in D's favor. P appeals.

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