Arnold v. Barner

Citations

• 91 Kan. 768
• 139 P. 404
• 1914 Kan. LEXIS 117

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Abstract op Title — Errors and Omissions — Liability of Abstractor and His Sureties. Under the amendment to the law regulating abstracting (Laws 1903, ch. 1) the abstractor and his sureties are liable upon the abstractor’s bond for all negligent errors and omissions in an abstract, not only to a person who employed him, but also to all persons who purchase or invest in land relying on an abstract furnished for that purpose.</p> <p>2. Same — Extending Abstract — Reissue and New Certificate— Liability. Ordinarily an abstractor who is employed to extend an abstract previously made is only liable for negligent errors and omissions in the extended part of the abstract; but if, when the extension is made, he reissues and recertifies the original with the extended part his liability will be the same as if a complete abstract had been made at the time' of the extension.</p> <p>3. Same — Abstractor’s Bond — Liability of Sureties. A bond conditioned that an abstractor “shall well arid properly demean himself in the business of abstracting,” and also “shall honestly and faithfully discharge and perform such other duties as abstractor as are prescribed by law,” makes the abstractor and his sureties liable in the manner and to the extent provided for in the statute, which is, in effect, read into the bond.</p> <p>4. Same — Action for Damages — Statute of Limitations. The statute of limitations begins to run on a cause of action against an abstractor for negligent errors and omissions in an abstract from the time the abstract is furnished rather than from the time the negligent errors and omissions are discovered or when damages result therefrom.</p>