Duggar v. Dempsey

Citations

• 13 Wash. 396
• 43 P. 357
• 1896 Wash. LEXIS 58

Syllabus

<p>COUNTERCLAIM — VALIDITY OP DEED—RESCISSION OP CONTRACT OF SALE — ALTERATION OP INSTRUMENT — EVIDENCE.</p> <p>In an action for the rescission of a contract for the sale of land, and for the cancellation of notes and mortgage given to secure the purchase price, a counterclaim asking, for the foreclosure of the mortgage on account of breach of conditions therein may properly be interposed.</p> <p>■ The presumption as to the due execution of a deed, regular upon its face, and shown to have been signed by each of the grantors therein is not overcome by the testimony of the grantee that one of the grantors was out of the city at the time of its execution and could not have signed the deed.</p> <p>A purchaser under a contract of sale of land, in the absence of any fraud on the part of the vendor, is not relieved of his obligation to demand a deed as a condition of his right to rescind for failure to deliver a valid deed, merely because the vendor has delivered to him a deed which was incomplete when executed.</p> <p>The force of written instruments, fair upon their face, cannot be changed by oral proof of alteration, unless it is of a satisfactory character.</p>