Beecher v. Wilson

Citations

• 63 Wash. 149
• 114 P. 899
• 1911 Wash. LEXIS 1171

Syllabus

<p>Vendor and Purchaser — Fraud—Evidence—Sueeicienct—Caveat Emptor. The rule of caveat emptor does not apply, and the vendee may recover damages for fraud in the sale of a shingle mill, where the evidence shows that the vendors employed gross deception to induce the sale, representing that the boiler was in first-class working condition and had never given any trouble, that when the property was inspected the boiler was fired up, and packed with stable manure in order to operate it at all, that it could not then be examined, or subjected to test without considerable expense, and that in fact the boiler had given constant trouble and was unfit for use and dangerous to operate.</p> <p>Vendor and Purchaser — Fraud—Damages—Measure—Interest. Upon the sale of a shingle mill through false representations concerning the boiler, which was in fact unfit for use and a loss to the vendee at the time of the sale, the vendee is entitled to offset against a note given for the balance of the purchase price the.actual damage suffered, with interest from the date of the sale, at the rate prescribed in the note to evidence the indebtedness.</p>