UNITED STATES SUPREME COURT DECISIONS ON-LINE

U.S. Supreme Court

Hale v. Finch, 104 U.S. 261 (1881)

Hale v. Finch

104 U.S. 261

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF WASHINGTON

Syllabus

1. A person not notified of an action nor a party thereto, and who had no opportunity or right to control the defense, introduce or cross-examine witnesses, or to prosecute a writ of error, is not bound by the judgment therein rendered.

2. Although words of proviso and condition may be construed as words of covenant if such be the apparent intent and meaning of the parties, covenant will not arise unless it can be collected from the whole instrument that there was on the part of the person sought to be charged an agreement or an engagement to do or not to do some act.