STATE MUTUAL INS. CO. v. McJENKIN &c. CO.

34068.

86 Ga. App. 442 (1952)

71 S.E.2d 670

STATE MUTUAL INSURANCE CO. v. McJENKIN INSURANCE & REALTY CO.

Court of Appeals of Georgia.

Decided July 3, 1952.


Attorney(s) appearing for the Case

Graham Wright, Jas. C. Howard Jr., J. Hugh Rogers, for plaintiff in error.

Brackett & Brackett, R. B. Pullen, contra.


CARLISLE, J.

(After stating the foregoing facts.) 1. The general demurrer is based on the proposition that, in an action upon a breach of general warranty, an eviction or its equivalent must be shown before a recovery can be had. Brooks v. Winkles, 139 Ga. 732 (78 S. E. 129); Darley v. Mallary Bros. Machine Co. 136 Ga. 345 (71 S. E. 471); Joyner v. Smith, 132 Ga. 779 (65 S. E. 68). However, a general warranty of title includes...

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