Cochran v. Remillard

Citations

• 86 Wash. 582
• 150 P. 1197
• 1915 Wash. LEXIS 1220

Syllabus

<p>Appeal — Review—Findings. In actions tried to the court without a jury, legal or equitable, there must be a trial de novo on the record, and the judgment will be affirmed only when the supreme court is satisfied that the evidence does not preponderate against the findings.</p> <p>Vendor and Purchaser — Sale of Land — Fraud—Evidence—Sufficiency. In an action for rescission of a trade on the ground of defendant’s fraud in falsely representing that 310 acres of his land was cultivated, findings for the defendant are sustained by his testimony and that of two other witnesses to the effect that defendant represented that there were about 310 acres cultivated, that it had never been measured and he did not know its exact area, but had bought it for that, and that plaintiff became suspicious and on that account demanded and received considerable additional personal property in the trade.</p>