Cummings v. Dolan

Citations

• 52 Wash. 496
• 100 P. 989
• 1909 Wash. LEXIS 1145

Syllabus

<p>Principal and Agent — Power of Attorney — Construction. A power of attorney to convey any land of the grantors, excepting a farm occupied by them in Green River Valley, authorizes the attorney to convey a lot in the Green River Valley that had never been occupied by the grantors.</p> <p>Vendor and Purchasers — Rescission by Vendee — Defects in Title — Waiver of Objection. Objection to a title for want of identification of a person in the chain of title, who conveyed without signing her middle initial, is waived by failing to call attention to such want of identification, when asking for the correction of certain defects.</p> <p>Same — Pleading—Necessity of Pleading Want of Access. A vendee cannot refuse to close the deal for want of any ingress or egress to the property where that fact was not- pleaded.</p> <p>Same — Defect in Title — Cloud—-Mortgage by Strangers. The existence of mortgages upon property, given by mistake by strangers to the title, are not clouds on the title warranting rescission by the vendee for want of a marketable title, especially after such strangers cured the objection by quitclaim deed.</p> <p>Same — “Marketable” Title. A contract for a marketable title only calls for one that is reasonably free from doubt.</p>