Becker v. Clark

Citations

• 83 Wash. 37
• 145 P. 65
• 1914 Wash. LEXIS 1586

Syllabus

<p>Vendor and Purchaser — Rescission by Vendee — Fraudulent Representations — Evidence—Sufficiency. A sale of land may be rescinded by tbe vendee for fraud, where the land was 1,700 miles away and had never been seen by the vendee, and there was clear and convincing evidence that the .representations of the vendor’s agent which induced the sale were to the effect that the land was in the heart of a German Catholic settlement, and were made knowing that to be a material fact in the mind of the vendee, who was of that faith and bought in order to have a home in such a community, when, in fact, the whole country was an unsettled wilderness; and it is immaterial that the vendee did not intend to go there for a year or two.</p> <p>Same. In such a case, the breach of promissory representations that a church would be built there the following year is immaterial except as it threw light on the other representations, and so does not remit the purchaser to an action for damages.</p>