Biel v. Union Fuel & Ice Co.

Citations

• 105 Wash. 41
• 177 P. 813
• 1919 Wash. LEXIS 579

Syllabus

<p>Fraud (13, 18)—Pleading—Evidence—Issues and Proof. Where fraud was alleged inferentially as to representations concerning the financial condition of a company, latitude should be allowed in inquiring into the subject, although there was no direct allegation that the financial condition was misrepresented.</p> <p>Appeal (386, 387)—Right to Allege Error—Waives. Plaintiff, having declined to amend his complaint upon the condition of a continuance, so as to make evidence admissible, cannot allege error in the exclusion of the evidence.</p> <p>Corporations (56)—Preferred Rights—Transfer—Rescission for Fraud. A purchaser of “preferred rights” in a corporation affirms the sale, and cannot thereafter rescind, where, a year later, with knowledge of the alleged fraud, he accepted interest due under his contract.</p> <p>Same (31, 189)—Preferred Rights—Authority to Issue—Ultra Vires. The issuance of certificates of “preferred rights,” under the corporation’s general power to borrow money and incur indebtedness, is not ultra vires.</p>