Winnipiseogee Paper Co. v. Eaton
Supreme Court of New Hampshire
Covenant Broken. Facts found by the court. The defendants conveyed to the plaintiff by warranty deed containing the-usual covenants of seisin, good right to convey, and against incumbrances, a tract of land “ recently run out and spotted around by marking trees by George T. Crawford, surveyor,” “supposed to contain one thousand acres,” the deed containing an agreement that if said survey did not contain one thousand acres the grantors would deed “ such additional land…
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Covenant Broken. Facts found by the court. The defendants conveyed to the plaintiff by warranty deed containing the-usual covenants of seisin, good right to convey, and against incumbrances, a tract of land “ recently run out and spotted around by marking trees by George T. Crawford, surveyor,” “supposed to contain one thousand acres,” the deed containing an agreement that if said survey did not contain one thousand acres the grantors would deed “ such additional land adjoining as shall be necessary to make one thousand acres.” At the same time the defendant® executed and delivered to the…
1Opinion of the Court
Allen J.
The covenant- in the deed of the defendants to the plaintiffs was of title and good right to convey and of quiet enjoyment of a definite tract of land described by metes and bounds. The title to two hundred and two acres of this land failed. The rule of damages upon the breach of these covenants is the consideration paid and interest from the date of conveyance, with the cost of suit attending eviction. Moody v. Leavitt, 2 N. H. 174; Morse v. Shattuck, 4 N. H. 229; Bedel v. Loomis, 11 N. H. 9, 19; Willson v. Willson, 25 N. H. 229; Drew v. Towle, 80 N. H. 531; Nutting v. Herbert, 35 N.…
2Cases cited6 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
- Brown v. BrownTennessee Supreme Court · 1849
- Morris v. PhelpsNew York Supreme Court · 1809
- Furniss v. . FergusonNew York Court of Appeals · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coco v. JaskunasSupreme Court of New Hampshire · 2009
- Rust Land & Lumber Co. v. WheelerCourt of Appeals for the Eighth Circuit · 1911
- Williams v. Cow Gulch Oil Co.Court of Appeals for the Eighth Circuit · 1921
- Anderson v. Merrill Lumber & Forestry Co.Supreme Court of New Hampshire · 1914