De Graffenreid v. Elliott

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover damages for breach of warranty contained in a warranty deed. Plaintiff prevailed and defendant appeals.

The facts are substantially these: In the summer of 1920, plaintiff and her children owned 120 acres of land in Cherokee county. She entered into a contract with James H. Elliott, husband of the defendant, to convey the land to Elliott for some cash and in exchange for certain real property in Columbus. Elliott did not hold title to the Columbus property but held a bond or contract for deed from the iEtna…