Amery v. McKenzie

Citations

• 124 Wash. 393
• 214 P. 636
• 1923 Wash. LEXIS 902

Syllabus

<p>Fraud (3, 22) — Fraudulent Representations — Evidence—Sufficiency. The defense of fraud in the sale to defendant of a water power site adjoining her farm, in that the plaintiff’s title and the power capacity was misrepresented to defendant who was ignorant of such matters and relied thereon, is properly resolved in favor of plaintiffs, and findings of no fraud are sustained, where it appears that the dam maintained by the plaintiff was an injury to defendant’s land preventing drainage and irrigation, and that defendant’s principal object was to obtain the unrestricted flow of the water and right to control it over and off her land, and she made no effort to preserve the dam or to develop or utilize the water power.</p>