Smith v. Smith

Jordan, Justice.

This court granted certiorari to consider the question of the damages recoverable by the grantee in a warranty deed, who had paid the nominal sum of $10 as consideration for the deed, against a remote warrantor of title, for the breach of the warranty as to 98.43 acres of the property conveyed by the remote warrantor.

The Court of Appeals in reviewing a judgment for damages of $38,100 for breach of warranty held that the grantee in a warranty deed, the applicant for certiorari here, could not recover an amount exceeding the amount he had paid for his deed. Smith v. Smith, 146…