Aiken v. McDonald

Citations

• 43 S.C. 29
• 20 S.E. 796
• 1895 S.C. LEXIS 128

Syllabus

<p>1. Breach op Warranty — Time.—The measure of damages for the breach of warranty in a deed of conveyance is that fixed by the statute in force when the covenant was made, to wit: at the date of the deed, and not by the statute in force at the time of eviction.</p> <p>2. Ibid. — Partial Breach — Damages.—Where a vendor conveys with full warranty a tract of land to which he has title only for the lifetime of a third person, and his vendee is evicted after the death of such person, there is only a partial breach of the warranty, and in measuring the damages for such breach, the value of this life interest must be estimated in its proportion to the amount fixed by the statute as the measure of damages for a total breach, and deducted therefrom.</p>