Big Bend Land Co. v. Hutchings
Citations
- 71 Wash. 345
- 128 P. 652
- 1912 Wash. LEXIS 751
Syllabus
<p>Vendor and Purchaser — Contracts—Warranty—Covenants Running With Land. A contract to convey land by warranty deed does not require a deed direct from the vendor to tbe purchaser, but is satisfied if the vendor passed title by warranty to a third ‘person who conveyed by warranty to the purchaser; since the covenants run with the land and may be enforced against all the covenantors.</p> <p>Same — Assignee op Vendor — Liability. An assignee of a vendor under contract to convey and warrant to the extent of the recited consideration, is bound by the covenant, where he had notice of the rights of the vendee.</p> <p>Same — Action for Installment — Depenses. In an action on an installment due on a land contract, the vendee cannot defend on the assumption that the plaintiff will not, on the last payment, offer the deed called for by the contract.</p> <p>Assignments — Option to Purchase Land. The rights of the vendor under an option contract for the purchase of land may be assigned, as the principle of personal confidence is not involved, where the vendee will receive a' deed impressed with the agreed upon covenants of his vendor.</p>
Judges: Chadwick
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