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EDMONSON v. POPCHOI

No. 63051-2-I.

228 P.3d 780 (2010)

J.E. EDMONSON and Naomi I. Edmonson, husband and wife, Plaintiffs, v. Ivan G. POPCHOI and Varvara M. Popchoi, husband and wife, Respondents, National City Mortgage, Inc., d/b/a National City Bank, an Ohio corporation; and Fidelity National Title Company of Washington, Inc., a Washington corporation, Defendants, Csaba Kiss, a single person, Appellant.

Court of Appeals of Washington, Division 1.

April 5, 2010.

Attorney(s) appearing for the Case

Matthew F. Davis, Melanie A. Leary, WA, for Appellant.

John Warren Hathaway, Law Offices of John W. Hathaway PLLC, Seattle, WA, for Respondents.

LEACH, J.

¶ 1 A statutory warranty deed incorporates the covenants defined in RCW 64.04.030. Csaba Kiss appeals the trial court's decision that he breached these covenants by conditioning acceptance of a defense tender upon his grantee's acknowledgement of his absolute right to settle a third party's adverse claim and pay his grantee damages. He also claims that his grantee waived these covenants by failing to disclose information about the adverse claim that...

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