Tong v. Matthews

This is an action of covenant for a breach of warranty on the sale of lands. The measure of damages assumed by the court was the purchase money paid with interest. This has always been understood to be the rule as to damages in such actions in this state. (Tapley v. Labeaume’s Exec’r, 1 Mo. 393; Martin v. Long, 3 Mo. 391; Dunnica v. Sharpe, 7 Mo. 71.)

An attempt was made to increase the damages by showing that the vendor was guilty of a fraud in not disclosing his knowledge of a want of title in himself. The cause was tried by the court, and the fact of fraud was negatived by its finding. We…