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JONES v. GROW INVESTMENT AND MORTGAGE COMPANY

No. 9240.

11 Utah 2d 326 (1961)

358 P.2d 909

LARRY L. JONES AND DELLA MAE JONES, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. GROW INVESTMENT AND MORTGAGE COMPANY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

January 19, 1961.

Attorney(s) appearing for the Case

Aldrich, Bullock & Nelson, Provo, for appellant.

Young, Young, & Sorensen, Provo, for respondents.

CALLISTER, Justice.

Action to recover damages for breach of covenant against encumbrances. The trial court, sitting without a jury, awarded judgment to the plaintiffs and defendant appeals.

Defendant conveyed to plaintiffs by a statutory form of warranty deed1a a residential lot located in Orem, Utah County. The deed provided, in addition to the form language, that the described tract of land was "subject to deed restrictions and...

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