Harsin v. Oman

Citations

• 68 Wash. 281
• 123 P. 1
• 1912 Wash. LEXIS 1281

Syllabus

<p>Covenants — Against Incumbrances — Personal Covenants — Construction. It cannot be claimed that a covenant against incumbrances by grantors “for their heirs, executors, and administrators” is not a personal covenant binding upon the grantors, since it was broken, if at all, when made and could not have been intended to bind heirs after the grantors’ death.</p> <p>Judgmént — Bab, — Matters Concluded — -Causes Subsequently Arising. A judgment for nominal damages for breach of a covenant against incumbrances, recovered before the incumbrances have been discharged by the grantee, is not res judicata or a bar to a subsequent action to recover substantial damages suffered by the grantee in subsequently paying off and discharging the incumbrances.</p>