Sperling v. Title Guarantee & Trust Co.

The plaintiff claimed she suffered damages because of the defendant’s failure to report to her a proposed change of grade in certain streets adjoining a certain plot purchased by her and upon which parcel the defendant issued to her its policy of title insurance. The complaint set out two causes of action: (1) For negligence without reference to the title policy; (2) for a breach of the title policy. The trial court denied a motion to require plaintiff to elect as to which cause of action she relied upon. It held as a matter of law that defendant’s failure to report the proposed change of…