Wiggins v. Stephens

On Motion for Rehearing.

HUFF, O. J.

The appellant contends that the case of White v. Street, 67 Tex. 177, 2 S. W. 529, announces the rule that the value of the land lost is the measure of damages upon the breach of the covenant of warranty. It should be noted in that case there was only a failure of title to one tract of land conveyed and received in exchange of other land. There was not an entire loss or total breach; hence the value of the part lost should be ascertained in order to get the basis for the damages sustained. If the value of the tract lost was not agreed upon by the parties,…