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FORRER v. SATHER

No. 15844.

595 P.2d 1306 (1979)

Henry H. FORRER and Clora J. Forrer, Roger L. Roberson and Ethel LaVernia Roberson, Plaintiffs and Appellants, v. Robert SATHER and Bonnie Lee Sather, Defendants and Respondents.

Supreme Court of Utah.

May 14, 1979.

Attorney(s) appearing for the Case

George E. Mangan, Roosevelt, for plaintiffs and appellants.

Cullen Y. Christensen, Provo, for defendants and respondents.

MAUGHAN, Justice:

The sole issue on appeal is the measure of damages, in an action for breach of the covenant against encumbrances, as contained in a statutory warranty deed.1 Under the specific facts of this case, the encumbrance, a mortgage, exceeded by a considerable sum, the purchase price plaintiffs, the grantees, paid defendants, the grantors.

The trial court ruled the damages recoverable by plaintiffs were limited by the...

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