Aurora Land Co. v. Keevan

Citations

• 67 Wash. 305
• 121 P. 469
• 1912 Wash. LEXIS 1169

Syllabus

<p>Bills and Notes — Consideration—Defenses. False representations on tbe sale of a draying outfit by a bank to a partnership, are not a defense to a note for $500, given by one of the partners and another person to the bank in connection with the sale, and discounted, and placed to the credit of the copartnership, and used in part payment of the outfit, since the consideration of the note was an actual loan of $500.</p> <p>Evidence — Parol Evidence — Written Contracts — Notes. Parol evidence that a note made by one member of a partnership and another person was to be paid by the partnership instead of the makers is inadmissible as varying the terms of the writing.</p> <p>Sales — Fraud—False Representations — Opinions. Where parties were dealing at arm’s length, and the seller did nothing to deceive or mislead, representations as to the condition of horses, wagons, and equipment and the cost of putting the same in repair are mere expressions of opinion and not actionable, where the property was at hand and the buyers had every opportunity to make examination and inquiry.</p> <p>Sales — Fraud—Rescission by Buyer — Laches. A buyer cannot rescind a sale of wagons, teams, and equipment, on account of false representations as to their condition, where nothing was done calculated to deceive, the same were at hand and could have been examined, the condition was fully ascertained a day or two after the sale, and no steps taken to rescind for five months.</p> <p>Judgment — Conclusiveness—Bar—Matters Concluded. A judgment in an action for an accounting, brought by the receiver of a copartnership against a bank, is conclusive on any issue as to whether the bank had in its possession funds belonging to the partnership.</p>