Loiseau v. Threlstad

Citations

• 14 S.D. 257
• 85 N.W. 189
• 1901 S.D. LEXIS 6

Syllabus

<p>1. Comp. Laws, § 4584, declaring tbe detriment for breach of covenant of seisin, of right to convey, of warranty, or of quiet enjoyment, in a grant of real estate, to be the price paid, has no application to a covenant against incumbrances.</p> <p>2. Comp. Laws, § 4585, declaring the detriment for breach in a grant of rea± estate to be the amount expended by the covenantee in extinguishing it, has no appliction where he has not extinguished it or expended anything towards it.</p> <p>3. The damage for breach of covenant against incumbrances, where the incumbrance has ripened into an indefeasible title under which the covenantee has been evicted from a part of the premises, in such part of the price paid by him for the premises as is proportionate to the relative value of the portions of the property at the time he obtained his deed, and this is not shown by a finding merely that $150 was paid for the whole property, and that the value of the portion retained is $50.</p>