Johnston v. Lindsay

This is an action to recover damages for breach of warranty of a boundary of land alleged to have been sold by the defendant to the plaintiff. A jury trial resulted in a verdict and judgment for the plaintiff, and the defendant appeals.

The answer to one question is decisive of the case. That question is whether or not a warranty given in the course of negotiations looking to the sale of real propperty or contained in the contract of sale is merged in the subsequent deed.

A preliminary question of practice must first be disposed of. The defendant asserts that there is no bill of exceptions…