Lehman v. Given

Citations

• 177 Pa. 580
• 35 A. 864
• 1896 Pa. LEXIS 1016

Syllabus

<p>Deed — Contract—Title to land.</p> <p>G. conveyed with covenants of general warranty four hundred and eighty-four acres of land to P. for $4,000. Subsequently P. conveyed three hundred and five acres of the land to L. for $5.00 per acre. L. in part payment of the land gave his note to P. for $720, and P. transferred the note to G. on account of the purchase money due from him to her. Before the note matured all parties knew that an adverse claim had been set up against all or a portion of the land. L. refused to pay the note unless G. agreed to refund the money in case the title failed. G. signed an agreement in writing reciting the facts as above, and continuing as follows: “Now therefore in consideration of the payment of the note to me, by L., I hereby covenant and agree to refund the moneys paid to me by said L. in discharge of said note in the event of it being legally decided that the title to said land conveyed by me to said P. is in valid, and the land is recovered by any one having a superior title to the same.” L. relying upon the agreement paid the note. Subsequently the adverse claimants of the land recovered seventy-seven and one half acres of the land conveyed by G. to P., and included in the latter’s deed to L. G. had notice of the suit and appeared by counsel in opposition to it. Held, (1) that the agreement was in the nature of a warranty of title, and might be regarded as a substitute for it, with a restriction of liability to the amount paid on the faith of it; (2) that L. was entitled to recover from G. for the loss of the seventy-seven and one half acres the same that he would have recovered in an action for the breach of a former warranty of title, witll interest when no prior demand was made, from the institution of the suit.</p>