Eaton v. Hopkins

Citations

• 71 Fla. 615
• 71 So. 922

Syllabus

<p>1. Where a single assignment of error attacks a ruling of the court upon a demurrer which was interposed to two or more pleas, such an assignment will be tested by the sufficiency or insufficiency as the case might be, of any one of the pleas.</p> <p>2. (An action for a breach of the covenant of warranty in a deed of conveyance to two or more persons in common may be brought by any one or more of the grantees named in the deed.</p> <p>3. A charge technically erroneous upon the burden of proof becomes harmless if the undisputed evidence is sufficient to establish the point upon which the court erroneously charged concerning the burden of proof.</p> <p>4. In an action by one or more grantees in common for a breach of the covenant of warranty, the plaintiffs may recover only so far as their own interests extend.</p> <p>5. In an action for a breach of the covenant of warranty, where the vendor conveys the property a second time under circumstances that would charge him with knowledge of the fact that he had previously conveyed the property, and the latter purchaser takes the paramount title by being the first to comply with the recording laws, the measure of damages to be applied is compensation for the actual injury sustained, or “damages for the loss of the bargain,” including costs and expenses incident to a defense of the title.</p>