Mastro v. Kumakichi Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• assuming that failure to respond to a tender of defense “constitutes a refusal to defend”
• holding where a grantee properly tendered defense of a third party’s adverse possession claim to the grantor, the grantor “breached the warranty to defend in refusing this tender of defense” (emphasis added)
• analyzing whether breach of the covenant to defend was the proximate cause of attorney fees
• court noted that plaintiff would not have prevailed if it continued with its litigation
• court noted that plaintiff would not have prevailed if it continued with its litigation
• the seller breached the warranty by refusing tender of defense

Source: CourtListener parenthetical corpus (CC0).