Donnell v. Thompson
Supreme Judicial Court of Maine
This action while pending in the Court of Common Pleas was submitted to the Reporter as referee. In the award certain questions of law were left open for the decision of the Court, and upon such decision being had, the case was brought to this Court, by appeal. The parties here, agreed to the report as a true statement of the facts in the case, and submitted the questions raised therein to the decision of the Court.
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This action while pending in the Court of Common Pleas was submitted to the Reporter as referee. In the award certain questions of law were left open for the decision of the Court, and upon such decision being had, the case was brought to this Court, by appeal. The parties here, agreed to the report as a true statement of the facts in the case, and submitted the questions raised therein to the decision of the Court. The report of the referee was as follows : “ This action is brought to recover damages for the breach of the covenant against incumbrances, and the covenant of warranty, in a…
1Opinion of the Court
The opinion of the Court, at a subsequent term, was delivered by
Mellen C. J.
The action on the covenant of freedom from incumbrances was prematurely brought, and nothing but nominal damages were recovered; still it is admitted that the judgment in that action would be a good bar to a second action on the same covenant, for the same breach. But it is contended that it is no bar to the present action, founded on the covenant of warranty, or covenant for quiet enjoyment. This action was not commenced until after the recovery by Esther Thompson of her dower and damages against the present…
2Cited by4 opinions
- Ogden v. BallSupreme Court of Minnesota · 1889
- Leet v. GratzMissouri Court of Appeals · 1907
- Smith v. WahlSupreme Court of New Jersey · 1916
- Chandler v. BrownSupreme Court of New Hampshire · 1879