Drake v. Nunn

It is clear that there is no foundation in the evidence for any recovery, under any count of the complaint, against the defendant Osborn. He merely sold to plaintiff his contract for the purchase of the land from the defendant Nunn, and he was guilty of no deceit, either actively or passively, with respect to the incumbrances complained of; nor was he guilty of any breach of warranty or of contractual obligation, go far as he was concerned, the rule of caveat emptor must be applied to plaintiff.

The evidence shows without dispute that the deed made by Nunn to plaintiff, and placed as an escrow…