Cameron v. Burke

Citations

• 61 Wash. 203
• 112 P. 252
• 1910 Wash. LEXIS 1316

Syllabus

<p>Boundaries — Plats—Grants—Determination oe Lines. Where a plat fails to give the east line of certain platted lots, or the dimensions of the side lines, the intention of the plattors is to be given effect by applying the map scale to the side lines, ascertaining the length of the three sides given, and determining therefrom the other missing line.</p> <p>Dedication — Intent—Plats — Boundaries. A plat bordering on water is not to be construed as intended to cover only uplands, where it is evident that the plattors assumed to own and platted part of the shore lands.</p> <p>Covenants — Quiet Enjoyment — Damages—Measure. Where lots in a plat included shore lands, which were afterwards included in the state plat of the shore lands, the measure of damages for breach of covenant of quiet enjoyment in the deed of the lots is the proportion of the purchase price paid to the state which the area overlapped by the state plat bore to the total area of the lots.</p> <p>Appeal — Record — Findings — Review. Upon a question as to breach of covenant in a deed of certain lots, the contention that part of the lots are claimed by a city as a street cannot be considered on appeal, in the absence of the evidence on the subject, or any finding thereon by the trial judge.</p>