John Hancock Mutual Life Insurance v. Agnew

Alleging breach of covenant in bill of sale that there were no encumbrances against certain personal property sold to it by the defendant, plaintiff brought this action to recover the amount of money it was required, subsequent to the sale, to pay to discharge the lien of taxes to which the property was subject at the time of the execution of the bill of sale and transfer to the plaintiff of the property covered thereby. Defendant answered, denying breach of warranty, and by cross-complaint prayed reformation of the bill of sale on the ground of mutual mistake. The cause was tried to the…