Bremerton Development Co. v. Title Trust Co.

• Decision Date: 20 February 1912
• Citation: 121 P. 69,67 Wash. 268
• Parties: BREMERTON DEVELOPMENT CO. v. TITLE TRUST CO.
• Court: Washington Supreme Court

121 P. 69

67 Wash. 268

BREMERTON DEVELOPMENT CO. v. TITLE TRUST CO.

Supreme Court of Washington

February 20, 1912

Department 2. Appeal from Superior Court, King County; R. B. Albertson Judge.

Action by the Bremerton Development Company against the Title Trust Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Herr Bayley, Wilson & Smith, for appellant.

Fred'k R. Burch, for respondent.

CROW J.

The defendant, Title Trust Company, is a corporation engaged in the business of preparing, certifying, and selling abstracts of title. On or about June 8, 1910, the plaintiff, Bremerton Development Company, a corporation, was considering the purchase of real estate in the city of Seattle, subject to existing liens. An abstract of title prepared and certified by the defendant, was delivered to plaintiff. For the purpose of ascertaining all liens, and before agreeing to make the purchase, plaintiff employed and paid defendant to extend the abstract, with a further certificate, to June 10, 1910, which defendant did. Upon an examination of the abstract thus extended, plaintiff concluded to purchase the real estate, and accepted from the vendor a deed, subject to all special assessments then liens which plaintiff assumed and agreed to pay. Shortly thereafter plaintiff discovered that a special improvement assessment, levied by the city of Seattle, was a valid lien, and had been omitted from the abstract. Being compelled to pay the assessment, plaintiff commenced this action against the Title Trust Company to recover damages. From a judgment in plaintiff's favor, the defendant has appealed.

The record, without dispute, shows that the abstract had been previously certified to November 10, 1909; that on June 8, 1910, an extension certificate covering five additional sheets, including four instruments then attached, was made for a third party; that respondent employed appellant to again extend the abstract, which it did, with a tax search and certificate, to June 10, 1910. The last tax search and the certificate referring to all changes since November 9, 1909, read as follows:

'Tax Search.

'Search has been made for state, county and municipal real property taxes due and certificate hereto, as appears from the county rolls in the office of the county treasurer rolls in the office of the county treasurer of King county, state of Washington; also for city taxes and special assessments for street, sewer, parking, water-main, fire-hydrant and sidewalk improvements, due and unpaid against said premises (if the same lies within the present corporate limits of the city of Seattle, or of the city of Georgetown) as appears from the general and special assessment rolls in the office of the city treasurer of said city. Taxes and special assessments, if any, shown by a previous certificate are not referred to herein unless there has been some change by payment or otherwise since the date of said certificate.

'Taxes.

'The real property taxes for the year 1909 were paid by Max Ragley.

'Special Assessments.

'[Here follow statements on four separate special assessments, but no mention is made of the assessment of which complaint is now made.]

'Certificate.

'The Title Trust Company, a corporation organized and existing under the laws of the state of Washington, hereby certifies that the foregoing five (5) sheets, consisting of four (4) instruments, show all matters that have been filed, or entered, upon the official records of King county, Washington, of the city of Seattle and of the federal courts holding sessions in said county, from the 10th day of November, 1909, at 8 o'clock a. m. to the date of this certificate, affecting the title to the following described premises, situate in the city of Seattle, county of King, state of Washington, to wit: * * * That the preceding sheet contains a correct statement of all real property taxes and special assessments against said premises since November 10, 1909, at 8 a. m., as shown by the tax records therein referred to. In testimony whereof,' etc.

Appellant contend...