Wojahn v. Faul

Christianson, Justice.

Appeal from an order sustaining plaintiffs’ demurrer to defendants’ counterclaim.

Plaintiffs, husband and wife, purchased a farm from defendants, husband and wife, upon contract for deed. The contract provided in part:

“This Contract- includes the assignment of a present lease, which expires on March 1st, 1949. Possession is given as of this date, subject, however, to a present lease and the rights and privileges thereunder.”

Subsequently plaintiffs paid the full purchase price, and defendants executed a warranty deed of the premises warranting against encumbrances, “Except…