Staed v. Rossier
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The measure of damages for a breach of the covenant of seizin, in case of total failure of title, has always been limited to the purchase money paid, with interest thereon and costs.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The measure of damages for a breach of the covenant of seizin, in case of total failure of title, has always been limited to the purchase money paid, with interest thereon and costs. Matheny v. Stewart, 108 Mo. 73; Hutchins v. Roundtree, 77 Mo. 500; Hazelett v. Woodruff, 150 Mo. 534; Lawless v. Collier, 19 Mo. 480 ; Topley v. Lebeaume, 1 Mo. 550; Collier v. Gamble, 10 Mo. 467; Reese v. Smith, 12 Mo. 344; Tong v. Matthews, 23 Mo. 437; Murphy v. Price, 48 Mo. 247; Evans v. Fulton, 134 Mo, 653. (2) A remote grantee…
1Opinion of the CourtReynolds, P. J.
— This is an action in which plaintiff seeks to recover from defendants damages for breach of the covenant of warranty contained in a certain deed dated December 10th, acknowledged December *30311, 1906, by which deed they conveyed to Richard H. and Agnes R. Ashby, husband and wife, a certain lot in the city of St. Louis, Ashby and wife having conveyed the same property to plaintiff by their general warranty deed, dated May 7, 1907.
It is averred in the petition upon which the case was dried that the conveyance from defendants to Ashby and wife was on consideration of $5500, and that by their ■deed,…
2Cases cited11 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Beecher v. BaldwinSupreme Court of Connecticut · 1887
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Hutchins v. RoundtreeSupreme Court of Missouri · 1883
- Lawless v. Collier's ExecutorsSupreme Court of Missouri · 1854
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3Cited by3 opinions
- Boyers v. BoyersMissouri Court of Appeals · 1978
- Diggs v. HensonMissouri Court of Appeals · 1914
- East Canyon Land & Stock Co. v. Davis & Weber Counties Canal Co.Utah Supreme Court · 1925