Schick v. Ulland

By agreement of the parties, this ease was tried to the court without the intervention of a jury. The facts are not in dispute.

The defendant conveyed a house and lot to the plaintiff by warranty deed, containing a covenant that the title was clear, free and unincumbered. At the time the deed was delivered, the property was subject to the lien of a street assessment duly levied by the City of Cincinnati and payable in ten (10) annual installments. Thereafter the plaintiff sold th& property and the plaintiff’s grantee assumed the payment of the street assessments as part of the purchase price.…