Shunk v. Fuller

The opinion of the court was delivered by

Harvey, J.:

This action grew out of an exchange of lands. The plaintiff sued to recover a part of the purchase price paid because of a shortage in acreage, and for damages for breach of the covenant against encumbrances, the encumbrance complained of being what is called an “ice lease” with the right to pass over a part of the land to and from the river for the purpose of harvesting and marketing the ice. It was tried to a jury, which made findings of fact and returned a verdict for plaintiff. The defendant has appealed.

The plaintiff, William Shunk,…