Juhan v. Cozart

PHILLIPS, Judge.

Since the materials before the trial court establish without contradiction that defendants Cozart did not know that a sewer line was under the house they sold to plaintiff and her husband and that they made no oral representations to them about it, plaintiff’s fraud claim was properly dismissed and we affirm that part of the judgment.

But plaintiff’s claim for breach of warranty against encumbrances stands on a different and stronger footing. For neither the grantor’s ignorance of an encumbrance nor the grantee’s knowledge of it will bar the enforcement of a covenant against…