Curtley v. Security Savings Society

Citations

• 46 Wash. 50
• 89 P. 180
• 1907 Wash. LEXIS 557

Syllabus

<p>Vendor and Purchaser — Fraud—Representations as to Title. False representations of a vendor as to its title, made with the intent that they he acted on, are as to matters of fact, and may he relied on by the vendee without examination of records showing their falsity.</p> <p>Same — Damages—Judgment Paid — Evidence •— Admissibility — Sufficiency. In an action by a vendee to recover damages for failure of title, including the amount of a judgment recovered against him for breach of his contract to build a house on the property, the judgment and judgment roll are admissible in evidence to prove certain of the Issues, although the vendor was not a party or notified to appear and defend; hut are not evidence of the grounds on which the recovery was had, or sufficient alone to warrant a recovery for the amount.</p> <p>Same — Damages. In an action by a vendee to recover damages for failure of title, evidence that he had paid $100 for plans for construction of a house does not warrant a recovery for that amount, in the absence of evidence that the plans are of no value except for the particular purpose for which they were purchased.</p> <p>Same — False Representations — Knowledge of Falsity. In an action by the vendee in a quitclaim deed for false representations of the vendor as to the title, it is error to instruct that the vendee could rely on the representations and recover his damages regardless of the fraudulent intent of the vendor in making the representations; as the vendor is liable only if the representations are made with actual knowledge of their falsity, or under .such circumstances that the law would impute knowledge.</p> <p>Same — Damages—Attorney’s Fees. In an action by a vendee for damages for failure of title, reasonable attorney’s fees in defending a suit brought against him are recoverable under circumstances permitting a recovery of the amount of the judgment entered in the action.</p> <p>•. Same — Fraud—Damages—Duty to Mitigate — Evidence. In an ac