Tamco Supply v. Pollard

OPINION

CRAWFORD, P.J.,

W.S., delivered the opinion of the court,

in which HIGHERS, J., and LILLARD, J., joined.

This appeal involves a dispute as to an erroneous description of real estate in a warranty deed. Because the description embraced property not owned by defendants-sellers, plaintiff-buyer seeks rescission and damages for the breach of the covenant of seisin. The facts are undisputed, and the trial court entered summary judgment for defendants holding that the transaction was a sale in gross, and the deficiency in the property was not sufficient to “shock the conscience” of the court.…