Christiansen v. Utah-Idaho Sugar Co.

HALL, Justice:

Plaintiff appeals a summary judgment entered against him in favor of defendant Utah-Idaho Sugar Company (“U & I”) in a suit for damages for the alleged breach of covenants under a special warranty deed. We reverse and remand for trial.

Certain facts are not disputed by the parties. In 1916 U & I granted an easement to the Los Angeles and Salt Lake Railroad Company (“L.A. & Salt Lake”) for the purpose of a spur railroad track. Subsequently defendant Union Pacific Railroad (“Union Pacific”) acquired the right-of-way from L.A. & Salt Lake. In 1945 plaintiff purchased from U & I a…