Lancaster v. Smithco, Inc.

Moss, Justice.

Walker M. Lancaster and Thelma S. Lancaster, the appellants herein, on June 21, 1956, purchased from Smithco, Inc., the respondent herein, a certain lot of land in Spartan- burg County. The deed is in the usual form conveying a fee simple title with a general warranty.

The present action is one by the appellants against the respondent for a breach of the covenant of general warranty contained in the aforesaid deed. The appellants allege that the respondent breached the aforesaid warranty in that it failed to deliver clear title to the entire lot conveyed to them for the reason…