Corn Exchange National Bank & Trust Co. v. Burkhart

Opinion by

Mr. Chief Justice Jones,

The defendant appeals from a judgment for the plaintiff bank in the sum of $112,198.10 entered by the court below following a trial without a jury. The action was in assumpsit for the recovery of damages for the defendant’s alleged breach of warranty of title as the lessor in two certain bailment leases which, simultaneously with their execution, were assigned by the defendant to the plaintiff bank.

The appellant’s principal assignment of error is the trial court’s rejection of the defendant’s offer to prove that the bank knew at the time it took the lease…