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MELLOR v. CHAMBERLIN

No. 49634-0.

100 Wn.2d 643 (1983)

673 P.2d 610

ROSS MELLOR, Respondent, v. ROBERT D. CHAMBERLIN, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

December 15, 1983.

Attorney(s) appearing for the Case

Leavy, Schultz & Sweeney, P.S., by John G. Schultz, for petitioners.

Campbell, Johnston & Roach, P.S., by D. Wayne Campbell, for respondent.

DOLLIVER, J.

Defendants Robert and Marilyn Chamberlin appeal a decision of the Court of Appeals affirming a judgment for breach of a covenant of title and awarding attorney fees to plaintiff Ross Mellor. Two issues are presented by the appeal: First, whether an action for breach of a covenant of title is barred under the doctrine of res judicata by a prior lawsuit for misrepresentation which was settled between the same parties and concerned the same sale of real...

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