JOHNSON v. LAWSON


1 A.D.2d 468 (1956)

Henry J. Johnson et al., Appellants, v. Carl C. Lawson et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 9, 1956.


Attorney(s) appearing for the Case

Charles S. Collesano for appellants.

George W. Holt for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL and WHEELER, JJ.


Per Curiam.

The action was for damages for alleged breach of warranty of title and quiet enjoyment. The plaintiffs had been defendants in an ejectment action and the decision in that action was adverse to them. The judgment in the present action dismissed the plaintiffs' complaint on the merits. We withheld decision and remitted the matter to the trial court to make findings of fact.

The question presented upon this appeal was whether the defendants...

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