Leet v. Gratz, 92 Mo. App. 422 (1902)

Citation: Leet v. Gratz, 92 Mo. App. 422 (1902)
Parent Document: Leet v. Gratz, 92 Mo. App. 422 (1902)
Jurisdiction: Missouri (state)
Effective Date: 1902-02-18
Original Source: https://www.courtlistener.com/opinion/8296427/leet-v-gratz/ ↗

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But this estoppel by no means necessarily entitles the plaintiff to recover from the defendant the entire sum paid by plaintiff to all the Gannon heirs. A party suing on a covenant of warranty or seizin, must establish either an eviction or, that to avoid an eviction, he extinguished the paramount title, or acquired it unto himself, or yielded to it, before he can obtain substantial damages; and the measure of his damages will be the purchase price, if he was actually evicted, or what he paid, within the amount of the purchase price, to prevent an eviction by buying the outstanding title. It is not necessary that he actually submit to an eviction. It is sufficient that in order to acquire the right to retain possession of the premises, he compensate tho plaintiff, found to be the true owner thereof, which constitutes a constructive ouster; and so far as the compensation paid is reasonable, he may recover from his warrantor to an amount, as stated, not in excess of the consideration *432which the latter received for the land. Maguire v. Riggin, 44 Mo. 512; Walker v. Deaver, supra; Dickson v. Desire, 23 Mo. 151; Rawle on Covenants for Title (5 Ed.), sec. 143, and cases cited in the notes.

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