Stewart v. West
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of covenant, brought in the court below by Enos West vs. Andrew Stewart, to recover damages for an alleged breach of warranty contained in a deed from the said Stewart to the said West, dated 16th November, 1822, for the sale and conveyance of a lot of ground in the then town of Columbus, in the State of Ohio.
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Error to the Common Pleas of Fayette county. This was an action of covenant, brought in the court below by Enos West vs. Andrew Stewart, to recover damages for an alleged breach of warranty contained in a deed from the said Stewart to the said West, dated 16th November, 1822, for the sale and conveyance of a lot of ground in the then town of Columbus, in the State of Ohio. The suit was brought and summons issued on the 19th February, 1845. The pleas were covenants performed, &c., to which were added special pleas filed by leave of the court, and limitations. This case was up before, and a…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— The modern covenant of warranty differs from the ancient warranty, not because the latter bound the feoffor to defend the land, but because it bound him to render, not damages, but a recompense in kind for a breach of it. The form of the writ, as well as the nature of the recompense in value, was different; but the measure of the obligation was the same. The feoffor was bound by his warranty to defend the land: the grantor is bound by his covenant to do as much, and no more, by defending the grantee from eviction on a superior title. By…
2Cases cited1 opinion
- Swenk v. StoutSupreme Court of Pennsylvania · 1799
3Cited by6 opinions
- Little v. ThroppSupreme Court of Pennsylvania · 1914
- Strong v. NesbittSupreme Court of Pennsylvania · 1920
- New York & Cleveland Gas Coal Co. v. GrahamSupreme Court of Pennsylvania · 1910
- Sager v. PattersonSuperior Court of Pennsylvania · 1900
- Byrne v. Williams, Pennsylvania Court of Common Pleas, Greene County1928
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