Armstrong v. Palmer

On Motion for Rehearing.

The appellant, in his motion for rehearing, advances a new proposition in support of his assignment complaining 9f the refusal of the court to instruct the jury peremptorily in his favor. This proposition is, in effect, that the contract between Palmer and Armstrong was a personal one; that under it Armstrong was entitled to the personal warranty of the title by Palmer, and the other undisclosed owners of parts of the land could not make themselves parties to the contract. We think it is true that Armstrong 'was entitled, under the contract, to a warranty of the title…