Bryant v. Moritz

Defendants Prohaska, Piper, and Mitchell (PP&M) appeal from a judgment that awarded plaintiffs damages of $10,750 for PP&M’s breach of the covenant of title in the special warranty deed by which they conveyed a lot and a house to plaintiffs. PP&M assert that the breach was actually of the covenant against encumbrances and that the proper amount of damages is only $100. We modify the judgment for plaintiffs to reduce their damages to $100.1

The property in question is lot 16, block 38, West Portland (lot 16), which lies along Southwest 54th Avenue in an unincorporated portion of Multnomah…