Conrads v. Green

Citations

• 92 Wash. 269
• 159 P. 102
• 1916 Wash. LEXIS 748

Syllabus

<p>Reformation of Instruments — Fraud—Evidence — Sufficiency. Reformation of a mortgage can only be granted on clear and convincing evidence, and the showing is insufficient where it appears that plaintiff concealed the fact that he could not read the contract, he had good business ability, and his attorney read and fully explained the papers, which he finally accepted against the advice of his attorney;</p> <p>New Trial — Newly Discovered Evidence. A new trial will not be granted for newly discovered evidence which would not affect the result.</p> <p>Mortgages — Foreclosure — Deficiency Judgment — Attorney’s Fees. Where a mortgage limited the amount of a deficiency judgment to $3,000, it was not error to refuse to enter a personal recovery for the attorney’s fees provided for in the notes and mortgage.</p>