Baker v. Robbins

Citations

• 51 Wash. 467
• 99 P. 1
• 1909 Wash. LEXIS 1212

Syllabus

<p>Sales — Rescission by Vendee — Breach of Warranty. The rule that an executed contract of sale cannot be rescinded for breach of warranty does not obtain where the warranty was fraudulently and deceitfully made.</p> <p>Appeal — Preservation of Grounds — Objections Below. The objection that there can be no rescission of a contract for breach of warranty cannot be raised for the first time in the supreme court, nor where an instruction to that effect was not excepted to in the court below.</p> <p>Tender — Evidence — Question for Jury. The sufficiency of a tender is for the jury, where there was evidence of an informal tender from which the jury might well conclude that a more formal tender would be vain and useless.</p> <p>Sales — Rescission by Vendee — Fraud—Waiver. The purchaser of a horse does not waive his right to rescind the sale for fraud by use of the horse after attempted rescission, where such use was merely to give necessary exercise and keep the horse in condition.</p>