Laclede Laundry Co. v. Freudenstein
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The foundation of a cause of action for a breach of warranty is, the existence of a deed with a covenant ag'ainst encumbrances, proof of the existence of a valid encumbrance, and payment thereof by the grantee.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The foundation of a cause of action for a breach of warranty is, the existence of a deed with a covenant ag'ainst encumbrances, proof of the existence of a valid encumbrance, and payment thereof by the grantee. Patterson v. Young, 81 Mo. 381. (2) Parol ■evidence is not competent to contradict or vary the terms of a written instrument,. all precedent and contemporaneous negotiations being conclusively presumed to have been swallowed up by and merged in the written instrument. Boyd v. Paul, 125 Mr. 13; Maclaine Co. v.…
1Opinion of the CourtReynolds, P. J.
Tbis is an action on tbe covenants of warranty in a deed, to recover $122.87 and interest, on account of city, school and State taxes for tbe year 1909. Plaintiff is grantee in tbe deed, defendants are grantors. Tbe deed is in tbe usual statutory form and “grants, bargains, and sells, conveys and confirms,” tbe property to plaintiff, defendants “hereby covenanting that they, their heirs and legal representatives will warrant and defend tbe title to tbe said premises unto tbe said party of tbe second part and unto its successors and assigns forever, against tbe lawful claims and demands of all…
2Cases cited13 opinions
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Simanovich v. WoodMassachusetts Supreme Judicial Court · 1887
- McConnell v. BraynerSupreme Court of Missouri · 1876
- Laudman v. IngramSupreme Court of Missouri · 1872
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3Cited by8 opinions
- McFarland v. MelsonSupreme Court of Missouri · 1929
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- Loganbill v. ZookArizona Supreme Court · 1931
- Paloni v. BeebeUtah Supreme Court · 1941
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