Madden v. Caldwell Land Co.
Idaho Supreme Court
APPEAL from the District Court' of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action of plaintiff for damages for breach of covenants of a deed of warranty. Judgment for plaintiff and defendant appealed. In an action for a breach of the covenant of warranty, or quiet enjoyment where there has been a total loss of the land to the grantee, the measure of damages in the absence of fraud is the consideration money paid, with interest.
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APPEAL from the District Court' of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action of plaintiff for damages for breach of covenants of a deed of warranty. Judgment for plaintiff and defendant appealed. In an action for a breach of the covenant of warranty, or quiet enjoyment where there has been a total loss of the land to the grantee, the measure of damages in the absence of fraud is the consideration money paid, with interest. (Citing same authorities given in opinion.) It is not necessary that there should be an actual dispossession of the grantee, nor is…
1Opinion of the CourtAilshie, J.
This appeal is taken from a judgment and order denying a motion for a new trial. The action was commenced in the district court for Canyon county to recover damages from the defendant' for breach of a covenant of warranty and quiet and peaceable possession contained in a deed of conveyance of real estate. On August 7, 1904, the plaintiff, Ada F. Madden, who is respondent in this court, purchased from appellant, the Caldwell Land Company, Ltd., a tract of land in the city of Caldwell, and paid the purchase price and received a warranty deed for the same. She *63neglected to record this deed for…
2Cases cited61 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
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3Cited by9 opinions
- McGhee v. McGheeIdaho Supreme Court · 1960
- Flynn v. AllisonIdaho Supreme Court · 1976
- Zounich v. AndersonIdaho Supreme Court · 1922
- Koelker v. TurnbullIdaho Supreme Court · 1995
- Davis v. TumaIdaho Supreme Court · 2020
4 more not listed; retrieve them via the Exa API.