Legal Opinion

Wimberly v. Caravello

Court of Appeals of Washington

Decided December 14, 2006No. 24301-0-IIIPublishedCited by 15 opinions

1Opinion of the Court

¶1 This is an action to enjoin construction of a three-story garage based on a restrictive covenant. The court admitted testimony by the drafters of a covenant to explain the purpose of the covenant and the intended meaning of the terms “garage,” “simple,” and “well-proportioned.” Based on this testimony, the trial court granted an injunction despite the fact that the structure was substantially completed. Extrinsic evidence is admissible to add context and to explain the terms of written contracts, including residential real estate covenants. This was a proper exercise of the court’s…

2Cases cited28 opinions

  1. Berg v. HudesmanWashington Supreme Court · 1990
  2. Hollis v. Garwall, Inc.Washington Supreme Court · 1999
  3. Riss v. AngelWashington Supreme Court · 1997
  4. Riss v. AngelWashington Supreme Court · 1997
  5. Crosby v. Spokane CountyWashington Supreme Court · 1999

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3Cited by15 opinions

  1. Wilkinson v. Chiwawa Communities Ass'nWashington Supreme Court · 2014
  2. Ross v. BennettCourt of Appeals of Washington · 2008
  3. Jensen v. Lake Jane EstatesCourt of Appeals of Washington · 2011
  4. Saunders v. MeyersCourt of Appeals of Washington · 2013
  5. Ross v. BennettCourt of Appeals of Washington · 2009

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