STOCKMAN v. YANESH

No. 80-1537.

68 Ohio St. 2d 63 (1981)

STOCKMAN ET AL., APPELLANTS, v. YANESH ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 18, 1981.


Attorney(s) appearing for the Case

Mr. Aaron Ruben, for appellants.

Mr. William C. Gargiulo, for appellees.


KRUPANSKY, J.

For the reasons expressed below, we affirm the judgment of the Court of Appeals.

The law is well settled in Ohio that a covenant against encumbrances is breached as soon as made if an encumbrance in fact exists. However, in an action based on such a breach, only nominal damages can be recovered unless the covenantee has removed the encumbrance, had his possession disturbed, or had his use or enjoyment of the land, in some way, interfered with...

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