Conta v. Corgiat

Citations

• 74 Wash. 28
• 132 P. 746
• 1913 Wash. LEXIS 1991

Syllabus

<p>Apreal — Review—Findings. A memorandum decision intended as findings which meets all the requirements will he treated as findings of fact.</p> <p>Vendor and Purchaser — Remedies oe Purchaser — Rescission— Fraud. A sale of a lot 50x105 feet will not he rescinded for falsely representing that the lot was 120 feet long, where the purchaser twice visited and inspected the lot, its boundaries were plainly-marked on the ground, and there was no concealment or pointing out of false lines and no subterfuge and no fiduciary relations between the parties; since the principle of caveat emptor applies.</p> <p>Same- — Rescission—Alternative Damages. Where a rescission of a sale of a lot for fraud of the vendor in misrepresenting the area is properly denied because of the application of the rule of caveat emptor, there can be no abatement of the purchase price as an alternative remedy'by way of damages for a deficiency in the quantity of the land.</p>