Thompson v. Hawley

The question of law upon which the rights of the parties mainly depend was settled on the former appeal. (Thompson v. Hawley, 14 Or. 199.) We there held that “by the terms of the contract pleaded by the defendant, he was bound to make a good and sufficient conveyance with full warranty only against my heirs, executors, and administrators. . If this was the agreement it bound the defendant to convey such title as he had, and such conveyance must contain the covenants contained in the writing. On the other hand, if the agreement is as set out in the complaint, it can only be performed by the…