T. Val Christiansen v. Utah-Idaho Sugar

HALL, Justice: Plaintiff appeals a summary judgment entered against him in favor of defendant Utah-Idaho Sugar Company (U & I) in a suit for damages for the alleged breach of covenants under a special warranty deed. We reverse and remand for trial. Certain facts are not disputed by the parties. In 1916 U & I granted an easement to the Los Angeles and Salt Lake Railroad Company (L.A. & Salt Lake) for the purpose of a spur railroad track. Subsequently defendant Union Pacific Railroad (Union Pacific) acquired the right-of-way for L.A. & Salt Lake. In 1945 plaintiff purchased from U & I a parcel of real property through which the easement ran. The conveyance was made by special warranty deed, (with no mention of the previously granted easement), for a purchase price of $700. In 1965 plaintiff mortgaged the property to one Terry. In 1973 plaintiff was unable to make the mortgage payments, and the property was sold at public auction and not redeemed.