Wright

Action to recover damages for the breach of an implied covenant contained in a grant deed made by defendants to plaintiffs.

Judgment went for plaintiffs, from which defendants appeal on the judgment-roll.

The complaint purports to declare a cause of action, not alone upon the implied covenants of the deed, but in addition thereto alleges that on May 20, 1913, plaintiffs and defendants entered into á written contract whereby plaintiffs agreed to convey to defendants a quarter section of land therein described for certain property owned by defendants, described as the Pacific Apartments. The agreement, as stated therein, was made subject to investigation by J. W. Boggess as to the value of plaintiffs’ property which they proposed to give in exchange for the Pacific Apartments, which was to be free of all encumbrances other than a certain mortgage and lease; that defendants’ property at the time of the execution of the contract was encumbered by an assessment for the cost of certain street work, which constituted a lien thereon in the sum of $327.90. Conceding the truth of these allegations, no facts are set forth constituting a cause of action upon the contract, which, moreover,…