Bloom v. Hendricks

OPINION

RANSOM, Justice.

The grantees of a tract of land sued the grantors for breach of warranty covenants to appear and defend fee simple title against “the lawful claims and demands of all persons.” Plaintiffs also claimed the grantors made collateral negligent misrepresentations that the use of a certain roadway by adjacent property owners was permissive and would cease upon request. As discussed below, we do not deem the misrepresentation claim to be an issue. We consider only the circumstances under which the grantors, under a general warranty deed, are responsible for the attorney fees…