Bergin Realty Co. v. Schaller

In this action of covenant a decision for the defendant was rendered by a justice of the Superior Court sitting without a jury. The case is here on plaintiff’s exception to this decision and on several unsubstantial exceptions which were not briefed and which require no consideration.

The declaration alleges that in December, 1928, the defendants, husband and wife, conveyed to plaintiff by a deed in statutory form with warranty covenants a certain tract of land and the buildings thereon in Warwick; that thereafter in December, 1928, plaintiff mortgaged the premises to a finance corporation…