Pacific Bond & Mortgage Co. v. Rohn

WOLFE, Justice.

Appeal from a judgment of “no cause of action” in the-Fifth Judicial District Court of Beaver County, Utah. Plaintiff brought an action to recover $400' claimed as damages for breaches of a warranty against encumbrances contained in a deed dated January 26, 1931, executed by the defendants, as grantors, to E. C. McGarry, as grantee, covering two lots in Salt Lake City. These lots were subsequently conveyed to the McGarry Investment Company and later to plaintiff corporation. The complaint alleged that, defendants breached the warranty against encumbrances by their failure to…