Edison Electric Illuminating Co. v. Gibby Foundry Co.

On May 17, 1902, the plaintiff conveyed real estate to the defendant, with a covenant that the premises were free from incumbrances made or suffered by it, and with a special warranty against such incumbrances. A tax on the property was assessed to the plaintiff as of the first day of May, and was paid by it. This action is brought against the defendant on an alleged promise to pay this tax as a part of the consideration for the conveyance. Evidence was introduced de bene, tending to prove the promise, but the judge ruled that such a contract was inconsistent with the covenants in the deed…