Grey v. Konrad

Plaintiff brought this action to recover money damages for breach of warranty arising out of the sale of the defendants’ real estate by warranty deed on October 2, 1969. Trial was by court and proceeded on the basis of admitted liability. The court found damages of $7,500.00 for the plaintiff and entered judgment accordingly.

The sole issue brought to this Court by defendants’ appeal is whether the judgment of $7,500.00 is supported by the evidence.

The land conveyed by defendants’ deed was recited therein to contain three (8) acres. Subsequently, it was discovered the land contained only .99…