Koelker v. Turnbull

JOHNSON, Justice.

This is a covenant of title (also known as a covenant of seisin) case. We conclude that the grantors breached an express covenant of title by not revealing the existence of third parties’ interests in the property pursuant to an unrecorded agreement which the grantors knew about and signed. We also conclude that the attorney fees the grantees incurred securing quiet title provide the measure of damages for the grantors’ breach, although we remand for a redetermination of the amount of attorneys fees that qualify as damages.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

On May 30,…