McClymonds v. Kangesser Co.

LIEGHLEY, PJ.

As above stated, if these deeds had been accepted, and the money paid and mortgage delivered by plaintiff on this day, without reservation, protest or demand, undoubtedly the requirements of the above quoted provision would be merged in the covenants of warranty. But the witnesses for the plaintiff assert that such protest and demand was made and a contemporaneous *229oral agreement entered into in respect thereto, which is denied by the witnesses for the defendant. This situation presented controverted issues of fact for the trial court. Plaintiff claimed such agreement was made,…