Leach v. Gunnarson

Two cases were consolidated for trial. In the primary action, not subject to appeal, plaintiffs Henry and Betty Leach successfully established their right to use and maintain a spring situated on property in Douglas County. The owners of the property were defendants in the main action and also third party plaintiffs seeking damages for breach of warranty from their grantor, Wilma Leach, third party defendant. Hereinafter, those third parties are simply denominated plaintiffs and defendant.

Plaintiffs’ action was for damages for breach of the warranty against encumbrances in a deed conveying…