Blum v. Smith

Citations

• 66 Wash. 192
• 119 P. 183
• 1911 Wash. LEXIS 1039

Syllabus

<p>Exchange of Property — Rescission—Failure of Consideration— Evidence — Sufficiency. There is a failure of consideration for the exchange of property, warranting a rescission and an action to set aside plaintiff’s deed, where defendants agreed to. transfer a lease of an apartment house, requiring the written consent of the landlord to the transfer, and defendants failed to secure the landlord’s con.'sent or to make any effective assignment; and where the defendants agreed to transfer by a bill of sale the furnishings and good will of the business, which was presumptively community property, and the bill of sale therefor was executed by the wife alone without the husband joining therein.</p> <p>Samé — Fraud—Evidence—Sufficiency. The vendee of a lodging house lease' and furniture is not estopped from rescinding an exchange of property therefor by relying on representations that the vendors were owners of the lease and could transfer a good title thereto, and that the house and tenants were of desirable class, where gross fraud was committed and active 'steps taken to mislead.</p> <p>Husband and Wife — Community Property — Presumption. Under the presumption that property acquired' after marriage is community .property, and in the absence .of evidence that personal property was the separate property of the wife, her bill of sale thereof is a nullity, under Rem. & Bal. Code,’§ 5917, giving the husband sole management and control of community personalty.</p>