Ledbetter v. Howard

McDONALD, Chief Justice.

This is an appeal by the seller, from a judgment for the buyer, in a suit for damages for breach of the warranty in a deed.

Plaintiffs, Howard and wife, sued defendants Ledbetter and wife for breach of the warranty of title in a deed. Plaintiffs on May 6, 1960 bought a house and lot in Waco, Texas from defendants, paying $1,000 in cash and assuming $5771.84 unpaid balance on a note owed Bankers Life Company. Plaintiffs lived in the house from May 1960 to November 1961, after which date they rented the house for $55 per month. On November 23, 1964 the Treasury Department…