Portland Terminal Inv. Co v. Porter Industrial Co.

It will be observed that the contract provided “when the investment company shall become entitled to receive delivery of said deed last above described there shall be no delinquent taxes against the lands described in said deed.” The instrument, just mentioned, which the parties prepared simultaneously with the execution of the contract and made a part of the latter, covenanted “that the above granted premises are free from all incumbrances.” When the deed containing this warranty was delivered to the plaintiff an unpaid tax of $811.44 remained charged against this property.

Or. L., §4323,…