Hazelett v. Woodruff
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) Tbe court erred in overruling defendant’s objection to tbe introduction of evidence under tbe petition, because, admitting every allegation contained in it to be true, plaintiff could not recover. Tbe measure of damages where there is a total failure of title, thus causing an absolute breach of tbe covenant of seizin, is tbe purchase money and interest.
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Transferred from Kansas City Court of Appeals. (1) Tbe court erred in overruling defendant’s objection to tbe introduction of evidence under tbe petition, because, admitting every allegation contained in it to be true, plaintiff could not recover. Tbe measure of damages where there is a total failure of title, thus causing an absolute breach of tbe covenant of seizin, is tbe purchase money and interest. To this may be added the costs of the action where the evicted party has given the convenantor notice. 3 Wash, on Real Prop. (3 Ed.), 419; 2, Sutherland on Damages, pp. 251-263; Dickson v.…
1Opinion of the CourtBrace, P. J.
This is an action for damages for breach of a covenant of seizin and warranty, in a deed to real estate, in which the plaintiff obtained judgment in the trial court for the sum of eighty-five dollars and costs, and the defendant took an appeal to the Kansas City Court of Appeals, where the judgment of the circuit was reversed; but one of the judges *538dissenting’, and being of tbe opinion tbat tbe decision was in conflict with prior decisions of tbe Supreme Court, tbe case was certified to this court for final determination. Tbe case was disposed of in tbe court of appeals on tbe following…
2Cases cited33 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Flato v. MulhallSupreme Court of Missouri · 1880
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
- Burton v. ReedsIndiana Supreme Court · 1863
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3Cited by19 opinions
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Missouri State Oil Co. v. PessinaSupreme Court of Missouri · 1950
- Cott v. JacklinUtah Supreme Court · 1924
- Ham v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Krepp v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1903
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