Thompson v. Soles

BRITT, Justice.

Plaintiffs contend that the recital in the deed which is set out above operates to prevent defendant from claiming any interest in the three tracts of land which are the subject of this controversy. The Court of Appeals concluded that there was sufficient evidence to enable plaintiffs to go to the jury on the issue of the effect of the recital, and that the trial court erred in entering a directed verdict in defendant’s favor. For the reasons hereinafter stated, we agreed with this conclusion.

When a fact which is recited in a deed is of the essence of the contract and it is…