Wesco v. Kern

This is an action to recover damages for a breach of a covenant of warranty. On December 28, 1887, the defendant sold for $1,900, and conveyed to John A. Wesco, the north £ of block E of Kern’s Addition to East Portland, by a deed containing a covenant to “warrant and defend the same * * * against the lawful claims and demands of all persons whomsoever.” Three hundred dollars of the consideration was paid in cash, and Wesco gave his note to the defendant for the balance, secured *434by a mortgage on the premises. On December 22, 1890, one Sperry commenced an action against Wesco to recover…