Mellor v. Chamberlin

Defendants Robert and Marilyn Cham-berlin 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 judi-cata by a prior lawsuit for misrepresentation which was settled between the same parties and concerned the same sale of real property; second, whether a covenantee who prevails in a damage action against a covenantor is entitled to attorney fees under RCW 64.04.030.

De…