Baker v. Bicknell

Citations

• 14 Wash. 29
• 44 P. 107
• 1896 Wash. LEXIS 297

Syllabus

<p>FRAUDULENT REPRESENTATIONS — SUFFICIENCY OF EVIDENCE — APPEAL— HARMLESS ERROR.</p> <p>In an action by the purchaser of land to recover damages for misrepresentation in regard thereto, a verdict for defendant will not be disturbed when it appears from the evidence that the representations were in the nature of opinions, and that the purchaser had been upon the premises and examined them prior to purchase.</p> <p>Although the court may have erroneously treated the trial of a cause as an action at law instead of in equity, and permitted a trial to a jury, yet the error will be regarded as harmless on appeal, when it appears from a review of the proofs, all of which had been preserved in the record, that the jury reached a correct conclusion and that the finding of the court must have been the same as that of the jury.</p>