117 Ga. 782 | Ga. | 1903
In 1900 Smith sold personal property to Williams with warranty; Williams sold to Newton with warranty; Harris on a title outstanding in 1896 recovered the property from Newton, who thereupon sued Williams on breach of warranty, claiming and recovering as damages the purchase-money, attorhey’s fees and costs expended by Newton in defending against Harris’s title, and attorney’s fees for bringing the suit against Williams. Smith had notice of this suit, but failed to defend when requested so to do by Williams. Thereupon the latter sued Smith for the breach of warranty, claiming as damages all of the items recovered by Newton, and also attorney’s fees for bringing the present action. Smith moved to strike all claims for costs and attorney’s fees in the previous suits, and also the the attorney’s fees claimed for bringing the present suit; which motion being overruled, he excepted.
Of course, the grantor of land is liable to his immediate grantee, who has been evicted, for the-purchase-money with interest, and expenses incurred by him in defending the title; but not for expenses incurred in a series of suits for breach of warranty by remote grantees holding under but not immediately from him. Where there have been successive sales with successive warranties, and a breach arising from an outstanding title existing at the time of the sale by the common grantor, it is evident that if separate suits be brought by each grantee, and the costs and attorney’s fees are to be carried forward, and finally paid by the original warrantor, these items, as here, may finally become of as much importance as the liability for the purchase-money. Each sale is a separate transaction. Each vendor is liable for his own contract, and to the extent thereof.
We are not dealing with the rights of the holder of negotiable or quasi-negotiable paper (Civil Code, § 3685; McCay v. Barber 37 Ga. 423; Lemon v. Strong, 12 L. R. A. 270); nor with the rights of the purchaser of a draft with bill of lading, elevator receipt, or papers described in the Civil Code, § 2956. Finch v. Gregg, 49 L. R. A. 679.
Nor is Smith liable for the attorney’s fees incurred by Williams in bringing the present action. There is no charge that he knew that the title was defective when he made the sale; no allegation of fraud or deceit, or that he acted in bad faith. Civil Code, § 3796.
Judgment reversed.