Taylor v. Wallace
Supreme Court of Colorado
Error to the District Court of Weld County. This action was brought on the 20th of February, 1890, by plaintiff in error, Henry C. Taylor, against defendants in error, John M. Wallace and Sidney S. Wallace, to recover for breach of covenant.- The facts upon which he predicates his cause of action are in substance as follows : On the 14th day of December, 1880, at Chicago, Cook county, Illinois, the defendants by their warranty deed, with full covenants of warrant}*-,…
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Error to the District Court of Weld County. This action was brought on the 20th of February, 1890, by plaintiff in error, Henry C. Taylor, against defendants in error, John M. Wallace and Sidney S. Wallace, to recover for breach of covenant.- The facts upon which he predicates his cause of action are in substance as follows : On the 14th day of December, 1880, at Chicago, Cook county, Illinois, the defendants by their warranty deed, with full covenants of warrant}*-, conveyed to Samuel Sharp the south half of the northeast quarter of section 1, township 32 north, range 8 west, in Lake county,…
1Opinion of the CourtJustice Goddard
The court below, upon the evidence introduced on the trial of the cause, found the issues in favor of plaintiff, and further found that in the judgment of the Indiana court the title to the land in question was settled, and that the title warranted by defendants had been overthrown, and that defendants were liable upon their warranty, but held that as there was no evidence of the amount of the consideration paid by plaintiff to Sharp he was entitled to recover only nominal damage, and thereupon entered judgment in his favor for $1.00 and costs.
The sole question, therefore, presented for our…
2Cases cited2 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
3Cited by3 opinions
- Bedard v. MartinColorado Court of Appeals · 2004
- Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
- Morgan v. Hendrie Bros. & BolthoffSupreme Court of Colorado · 1905