Green v. Ayres

This is an action at law to recover damages for the breach of a covenant against encumbrances in a land sale contract. Plaintiffs recovered damages in the district court. Defendant appealed to the circuit court where the case was submitted to the court on stipulated facts. The circuit court entered judgment for defendant. Plaintiffs appeal, alleging as error the conclusion of the trial court that the covenant had not been breached.

The facts are undisputed. On May 12, 1959, the parties executed a contract obligating plaintiffs to buy and defendant to sell a parcel of improved real estate near…