Babb v. Weemer

Plaintiffs, Attorney Jerrell Babb and his wife, Joan Babb, brought an action against defendant Rose L. Weemer (formerly known as Rose L. Snell) for damages for the alleged breach of an implied covenant in a grant deed and to recover certain costs paid by plaintiffs to prevent foreclosure by defendant of a second trust deed held by defendant upon the subject real property. The trial court entered judgment in favor of defendant and against plaintiffs on both counts, from which judgment plaintiffs appeal.

Defendant formerly owned the subject property, and, on July 5, 1956, executed a promissory…