Van Nest v. Kellum
Cases that cite this one
6 later published cases cite this decision.
- Marsh v. Thompson (Ind. 1885)
- Scheible v. Slagle (Ind. 1883)
- Griner v. Butler (Ind. 1878)
- Blair v. Allen (Ind. 1876)
- Hanna v. Shields (Ind. 1870)
- Jordan v. Blackmore's Adm'r (Ind. 1863)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Suit to foreclose a mortgage. Answer: that it was given to secure the last installment- of the purchase money of a lot of ground, for which a deed, with covenants of title, was executed; and that the seller had not a title in fee. A demurrer was sustained to the answer. Judgment for plaintiff.
In a suit for breach of covenant, it is sufficient to aver the breach negatively, in the words of the covenant. Martin v. Baker, 5 Blackf. 232; Floom v. Beard, 8 id. 76. Such averment makes the pleading good, but would not necessarily involve a right to recover more than nominal damages.
But a breach of covenant that would sustain an action only to the extent of nominal damages, will not constitute a defense to a suit for unpaid purchase money, beyond the amount of one cent. Small v. Reeves, 14 Ind. 163.
The judgment is affirmed, with 1 per cent, damages and costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.