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COLONIAL CAPITAL CORP. v. SMITH

Civ. 1603.

367 So.2d 490 (1979)

COLONIAL CAPITAL CORPORATION and Edward W. Drinkard v. Dallas Wayne SMITH and Phyllis Smith.

Court of Civil Appeals of Alabama.

February 7, 1979.

Attorney(s) appearing for the Case

Howard C. Alexander, Montgomery, for appellant, Colonial Capital Corp.

William P. Sawyer, Montgomery, for appellee, Dallas Wayne Smith.

WRIGHT, Presiding Judge.

This is a suit upon the covenant against encumbrances contained in a warranty deed. Summary judgment was rendered in favor of plaintiffs as to liability of the defendant. The issue of damages due plaintiffs from defendant was tried to a jury. Defendant filed a third party complaint. Verdict and judgment were in favor of plaintiffs and against defendant for $1,750. Verdict and judgment for $875 were...

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