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ACZAS v. STUART HEIGHTS, INC.

154 Conn. 54 (1966)

ANTHONY A. ACZAS ET AL. v. STUART HEIGHTS, INC., ET AL.

Supreme Court of Connecticut.

Decided July 5, 1966.

Attorney(s) appearing for the Case

Fred B. Rosnick, for the appellant (named defendant).

J. Warren Upson, with whom, on the brief, was Donald McPartland, for the appellees (plaintiffs).

KING, C. J., MURPHY, ALCORN, HOUSE and THIM, JS.

HOUSE, J.

This action was brought in three counts, but only the first two are involved in this appeal. The first count alleges the breach of a covenant against encumbrances contained in a warranty deed in the usual form running from the named defendant, hereinafter referred to as the defendant, to the plaintiffs. The second alleges misrepresentation predicated upon the same covenant. The only alleged encumbrance relevant to this appeal consists of an easement to the...

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