Willson v. Willson
Superior Court of New Hampshire
Covenant. The declaration alleged the conveyance of a tract of land in Lancaster, by John Willson, the defendant, to Jarie Willson, the plaintiff, and one Stephen Willson, her late husband, during coverture, and set forth that the deed contained the covenants of seizin, of quiet enjoyment, of good right to convey, of general warranty, and of warranty against incumbrances, — and alleged breaches of them all severally, in distinct counts.
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Covenant. The declaration alleged the conveyance of a tract of land in Lancaster, by John Willson, the defendant, to Jarie Willson, the plaintiff, and one Stephen Willson, her late husband, during coverture, and set forth that the deed contained the covenants of seizin, of quiet enjoyment, of good right to convey, of general warranty, and of warranty against incumbrances, — and alleged breaches of them all severally, in distinct counts. The action was defaulted after being answered to. The defendant moved the court to be heard in damages. The consideration mentioned in the deed is $600, and…
1Opinion of the CourtGilchrist, C. J.
In relation to the rule of damages in covenants like those in the present case, it is to be noticed that here there is no allegation of fraud, nor is the matter complicated by the fact that the consideration actually paid is different from that expressed in the deed. The conveyance contains five covenants; of seizin, for quiet enjoyment, of good right to' convey, of general warranty, and of warranty against incumbrances. Does the same rule of damages apply upon a breach of each of these covenants ? Are the damages in each case of such a different nature that one *231rule is not applicable to all,…
2Cases cited26 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Baldwin v. MunnNew York Supreme Court · 1829
- Bender v. FrombergerSupreme Court of the United States · 1806
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3Cited by3 opinions
- Coco v. JaskunasSupreme Court of New Hampshire · 2009
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Perkio v. PrunierSupreme Court of New Hampshire · 1981