Luscher v. Reynolds

Plaintiff commenced this action to recover on a promissory note executed by defendants on May 15, 1930, in the sum of $3,000, evidencing, the balance due on the purchase price of real property. Defendants admit the execution of the note, but allege in answer thereto a counterclaim for damages sustained by reason of a breach of warranty of title. The cause was submitted to a court, without a jury, and judgment rendered in favor of plaintiff for the amount due on the note. The defendants appeal.

The vital issue in the case relates to the title to a part of the land sold. In 1926, the defendant…