Colby v. Keene

Citations

• 84 Wash. 185
• 146 P. 395
• 1915 Wash. LEXIS 775

Syllabus

<p>Vendor and Purchaser — Contracts—Construction—Deed in Escrow — Covenants—Effect. An informal contract for the sale of land, calling for an abstract of title, showing title unincumbered, does not modify or control the construction of the subsequent formal contract of sale providing that a warranty deed therefor should he placed in escrow and that the grantee shall pay all assessments levied in the year 1910; and the vendee is not entitled to take advantage of the covenants of warranty of the deed in escrow before delivery and full performance of the contract terms as to payment of the purchase price, although compelled to pay assessments on the property levied in 1910, which constituted a lien prior to the contract of sale.</p> <p>Same — Covenants Against Incumbrances — Taxes and Assessments — Special Covenants as to Payment. Under a contract of sale providing that the real estate is free and clear of all incumbrances, but specially stipulating that the vendee shall pay all taxes and assessments for the year 1910, the vendee is liable for the assessments of that year, although a lien at the date of contract, under the rule that, where there is a general covenant in a deed or contract against incumbrances, and a special covenant not in harmony therewith, the special covenant will prevail.</p>