REALTY CO. v. BURTON-RODGERS, INC.

No. 7640.

94 Ohio App. 417 (1952)

THE G. ANDREWS ESPY REALTY CO., APPELLEE, v. BURTON-RODGERS, INC., APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided November 17, 1952.


Attorney(s) appearing for the Case

Messrs. Graydon, Head & Ritchey, for appellee.

Messrs. Gorman, Silversteen & Davis, for appellant.


MATTHEWS, J.

This is an action to recover the amount paid by the plaintiff to the city of Cincinnati as a condition to the issuance of a permit to tap into and use a sewer in connection with its real estate on Reading road, conveyed to the plaintiff by the defendant by a deed containing the usual covenants of general warranty. The basis of the claimed right of recovery is that the warranty against encumbrance was violated by the existence of a lien to pay a portion...

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