Kumblad v. Allen

Citations

• 51 Wash. 425
• 99 P. 19
• 1909 Wash. LEXIS 1204

Syllabus

<p>Pleading — Affirmative Defenses — Issues and Proof. In an action upon a bond given to secure the plaintiffs the cost of making “necessary” improvements upon property purchased, the issue as to the necessity of improvements is raised by a general denial, and it is not error to strike out an affirmative defense thac the improvements made were not necessary within the meaning of the bond.</p> <p>■Bonds — To Assure Title — Defenses—Failure of Title — Vendor and Purchaser. It is no defense to an action upon a bond, given to assure against defects in the title to land purchased by the plaintiffs and to secure the cost of improvements to be made, that the plaintiffs knew of the defects in the title when the improvements were made by the plaintiffs, where the defects were not incurable.</p> <p>Same — Damages—Offset of Rents and Profits. In an action upon a bond given to assure the title to lands purchased by the plaintiffs and to secure the costs of improvements made, it is no defense that the plaintiffs had been in possession for years before ouster and had received sufficient rents and profits to offset their damages; since the true owner, and not the obligors in the bond, were entitled to recover the rents and profits.</p> <p>Appeal — Review—Pleadings—Amendments. Where findings are not excepted to, the supreme court will treat the complaint as amended to conform to the proofs.</p>