Bevan v. Muir

Citations

• 53 Wash. 54
• 101 P. 485
• 1909 Wash. LEXIS 1270

Syllabus

<p>Judgments — Persons Concluded — Notice to Defend — Sufficiency-Covenants. A written notice to defend an action is - sufficient, where vendors had warranted the title to personal property, the vendee gave notice that an administrator of the estate of H., deceased, had filed his petition in said estate claiming title tp the property and claiming that vendors’ title rested upon a fraudulent conveyance by the supposed widow of said deceased, that the vendee had been ordered to appear at a certain time to show cause before the Hon. R. B. Albertson why a receiver should not be appointed, and the notice required the vendors to appear and defend said action (Rudkin, C. J., dissenting).</p> <p>Covenants — Warranty—Sales—Property Conveyed — Rules of Construction. A bill of sale of “all our interest” in certain personal property, specifying that the sale is subject to certain described liens which the vendee assumed to pay, and concluding with a general covenant “to warrant and defend the sale of said property,” warrants the vendor’s title to the property and is not a mere quitclaim of the vendor’s interests; since, while covenants affect only the interest conveyed, such interest is to be determined by the intent of the parties, construing all the terms of the contract together, and most strongly against the vendor.</p> <p>Covenants — Warranty—Breach—Damages Recoverable — Payments on Assumed Debt — Sales—Interests Warranted. Upon breach of a warranty of vendor’s interest in property which he had held under a conditional sale, sold subject to the original owner’s lien for unpaid purchase money, which the vendee assumed and agreed to pay, the vendee cannot recover a sum paid in partial discharge of such lien, on the theory that it was part of the purchase price.</p>