Menasha Wooden Ware Co. v. Nelson

Citations

• 45 Wash. 543
• 88 P. 1018
• 1907 Wash. LEXIS 510

Syllabus

<p>Covenants — Actions fob Breach — Evidence — Sufficiency. A prima facie case is made, in an action on a covenant of general warranty, by proof of tbe execution and delivery of a deed of general warranty, failure of the title, tbe amount of consideration paid, and a demand.</p> <p>Same — Answer—Defenses—Fraud. In an action on a covenant of general warranty, an answer that plaintiff knew tbe state of defendant’s title and agreed to accept tbe same and that tbe deed of warranty was obtained through fraud, is an attempt to defeat tbe effect of tbe deed without allegation or proof and cannot be sustained.</p> <p>Same — Defenses—Grantee’s Agreement to Perfect Title. In an action on a covenant of warranty of public lands applied for by tbe grantor, but for which patent bad not issued, it is a valid defense that tbe grantee knew tbe condition of tbe title and agreed to attend to securing tbe patent, and that title failed through tbe grantee’s neglect.</p> <p>Trial — Direction of Verdict. It is error to direct judgment for defendant where there is a conflict in tbe evidence upon a valid defense to tbe action.</p> <p>Covenants — Actions for Breach — Defenses. In an action upon a covenant of general warranty of public lands, applied for by tbe grantor, it is a valid defense that tbe grantor was prevented from perfecting title by a subsequent application filed by tbe plaintiff.</p> <p>Same — Evidence—Record or Letters. A recital in a letter or decision of tbe commissioner of tbe general land office that a railroad company bad conveyed tbe land to one of tbe parties, is not evidence for or against either of tbe parties to tbe action on a covenant of warranty.</p> <p>Same — Actions for Breach — Defenses—Public Lands — Disposal Prior to Patent. In an action upon a covenant of general warranty of public lands, applied for by tbe grantor, it is not a defense that tbe grantees failed to place themselves in a position to receive notice of proceedings in tbe land office, as tbe duty