Major v. Dunnavant
Illinois Supreme Court
This was an action for alleged breach of covenant, against incumbrances in a deed conveying the following lands, viz.: south-east quarter of section seven, containing one hundred and sixty acres ; east half of east half of south-west quarter of section seven, containing forty acres ; and east half of south-west quarter of section eleven, containing eighty acres ; all in township one north, range five west; in all, two hundred and eighty acres.
Read the full summary
This was an action for alleged breach of covenant, against incumbrances in a deed conveying the following lands, viz.: south-east quarter of section seven, containing one hundred and sixty acres ; east half of east half of south-west quarter of section seven, containing forty acres ; and east half of south-west quarter of section eleven, containing eighty acres ; all in township one north, range five west; in all, two hundred and eighty acres. Declaration alleges, that the breach consisted of an incumbrance on said east half of south-west quarter of section eleven, at the time the deed was…
1Opinion of the CourtCaton, C. J.
Here two separate tracts of land, one of eighty acres and the other of two hundred acres, were sold for a gross sum and conveyed by one deed with a covenant of warranty. The title to the eighty acre tract failed, and this action was brought to recover damages for a breach of the covenant of warranty. There is no question, had the title to the whole failed, that the measure of damages would have been the consideration paid and interest. The law is also well settled that where the title fails to a part of the land sold for a gross sum, with a warranty, the measure of damages for a breach of the…
2Cited by4 opinions
- Weber v. AndersonIllinois Supreme Court · 1874
- West Coast Manufacturing & Investment Co. v. West Coast Improvement Co.Washington Supreme Court · 1903
- Northcutt v. HumeCourt of Appeals of Texas · 1915
- Yazel v. PalmerIllinois Supreme Court · 1878