Lovett v. Paschen

COBBS, I.

(dissenting). I do not concur with the disposition made of this case by the majority of the court, because I do not think the opinion gives a correct analysis of the contract. I do not think the opinion., has properly construed the pleadings on the subject of the failure of Closner & Sprague to furnish water, nor as to the effect given as to their dismissal from the suit as in any way constituting a waiver of the defense, and that the breach as a covenant running with the land cannot be asserted as a failure of consideration, in whole or in part, against the purchase money of the…