Cullity v. Dorffel

Citations

• 18 Wash. 122
• 50 P. 932
• 1897 Wash. LEXIS 119

Syllabus

<p>BREACH OF WARRANTY OF TITLE — ACTION ON COVENANT — EVIDENCE — ATTORNEY’S FEES.</p> <p>In an action for damages for breach, of covenant of title by a grantee who has been evicted under a judgment of paramount-title, neither evidence of such judgment nor of notice to the grantor of the pendency of the action in which it was rendered is admissible, when the complaint fails to allege that notice was given.</p> <p>A grantor evicted under judgment of paramount title cannot, in an action for damages against his covenantor, recover for attorney fees incurred in defending the former action, unless the same have been actually paid by him.</p>