# Baldwin v. Brown

> Washington Supreme Court · January 17, 1908 · 48 Wash. 303

URL: https://www.frixlaw.com/law-library/cases/4728203

## Case

- **Full name:** M. L. Baldwin v. J. W. Brown
- **Court:** Washington Supreme Court
- **Decided:** January 17, 1908
- **Citations:** 48 Wash. 303; 93 P. 413; 1908 Wash. LEXIS 853
- **Precedential status:** Published
- **Opinion:** Dissent by Crow
- **Judges:** Crow, Root
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4728203

## Opinion text

Crow, J.
(dissenting) — The substantial effect of the majority opinion is to compel appellant to perform his contract in the identical manner which would have been required of him had he agreed to warrant a title previously acquired and convey the same by a general warranty deed. He made no such agreement. His contract calls for a special warranty deed only. Both he and respondent’s predecessor knew that his sole title, which appellant was selling, rested on a tax foreclosure. Appellant acquired such title without warranty, and his evident purpose, known to respondent’s predecessor, was to convey the same as it came to him; that is, to sell whatever had come to him by the tax title, and to enter into no covenant to hold him liable beyond that. He has fully performed his *307 agreement, but the majority opinion now makes a new corn tract for him and orders its specific performance.
The judgment should be reversed, and I therefore dissent.
Dunbar, J., concurs with Crow, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4728203. Public record. Not legal advice.