Bell v. Jovita Heights Co.

Citations

• 71 Wash. 7
• 127 P. 289
• 1912 Wash. LEXIS 681

Syllabus

<p>Pleading — Demurrer-—Objections Raised. On demurrer to the complaint for fraud in the sale to plaintiff of an undivided interest in certain land, it cannot be assumed that the undivided interests were uncertain or incapable of being made certain, where such fact was not pleaded.</p> <p>Vendor and Purchaser — Recovery of Money Paid — False Representations — Complaint—-Sufficiency. A complaint states a cause of action for the recovery of money procured by fraud, where it alleges that the defendant induced the plaintiff to purchase land, situated at a distance, in reliance upon false representations to the effect that the lots were on a level street, graded and with sidewalks, with adequate light and water facilities and electric railway service.</p> <p>Same — -Pleading-—Reliance on Representations. A complaint for the recovery of money procured by fraudulent representations as to lots sold to the plaintiff sufficiently alleges that the representations were made prior to the execution of the contract, where it is alleged that the plaintiff relied upon the representations and made the contract.</p> <p>Vendor and Purchaser — Rescission by Purchaser — Tender of Reconveyance — Pleading—-Necessity. In an action by a purchaser to recover money paid on sales induced by fraudulent representations, the complaint is not objectionable in that it fails to allege a tender to reconvey the land, where it does not appear from the complaint that the plaintiff ever received any deed.</p> <p>Assignments — Action by Assignee — Necessary Parties. In an action upon assigned claims for money procured by fraud and deceit, the assignors are not necessary parties plaintiff, as the right of action may be enforced by the assignee.</p> <p>Assignments — Chose in Action — Action for Fraud. A cause of action for money procured by fraud and deceit in the sale of land, rescinded by the purchaser on discovery of the fraud, survives and is assignable.</p> <p>Actions — Joinder of Causes — Assigned Dema