Burke v. Mayer

Citations

• 105 Wash. 1
• 177 P. 662
• 1919 Wash. LEXIS 515

Syllabus

<p>Evidence (167)—Parol Affecting Writings — Fraud. In an action for fraudulent representations inducing a trade by plaintiff, who could neither read nor write, evidence relating to the conditions under which the instruments were executed is not inadmissible as varying the terms of the written contracts.</p> <p>Fraud (7, 8, 22)—Reliance on Representations and Relations— Evidence—Sufficiency. Where plaintiff, an old man who was deaf and could neither read nor write, was induced by his confidential agent to mate a trade for land belonging to the agent, who concealed his interest in the transaction, plaintiff may rely on representations as to the condition of the lands received in the trade and that they were under irrigation from ditches pointed out, notwithstanding that he visited the land and might have ascertained its true condition and value.</p>