Lewis v. JETZ SERVICE CO.

Knudson, J.:

John W. Roe appeals a money judgment entered upon the claim of Richard W. Lewis and Linda J. Lewis that Roe breached the warranty of title in a warranty deed. The controlling issue on appeal is whether a warranty of title is breached when the grantee (Lewises) must bring a forcible detainer action to evict a third party who asserts an honest but unfounded claim of a possessory interest in the property conveyed. The district court held that it made no difference whether the third party’s claim was valid or invalid — the covenant of title was breached.

We reverse because there can be…