West Coast Manufacturing & Investment Co. v. West Coast Improvement Co.

Citations

• 31 Wash. 610
• 72 P. 455
• 1903 Wash. LEXIS 678

Syllabus

<p>COVENANT OP WARRANTY-LOSS OF PART OP LAND-ACTION FOB BREACH — MEASURE OF DAMAGES.</p> <p>. “ The measure of damages for breach of a covenant of warranty, where title has failed to part of the tract conveyed, is such proportion of the consideration paid as the value of that part of the land to which the title has failed hears to the value of the whole tract, together with interest on such proportion.</p> <p>SAME-CONDITIONS OP CONTRACT OP SALE-MERGER IN DEED.</p> <p>. • In determining the purchase price of land with a view to fixityg the measure of damages upon a breach of warranty, the value of improvements placed upon the land by the grantee cannot he included, although the contract for a conveyance was conditioned upon the erection of the improvement and the payment of the money consideration, inasmuch as such preliminary contract had become merged in the deed upon which the action was founded.</p>