Eldridge v. Young America & Cliff Consolidated Mining Co.

Citations

• 27 Wash. 297
• 67 P. 703
• 1902 Wash. LEXIS 392

Syllabus

<p>CONTINUANCE- EIGHT TO-AMENDMENT OF PLEADING AT TRIAL.</p> <p>In an action for the rescission of a contract on the ground of fraud, it was error for the court to reiuse a continuance to defendant, where the plaintiff on the trial had been allowed to amend his complaint so as to set up an additional fraudulent representation, and the testimony of the only witness for defendant who could disprove the, allegation had been taken by deposition in another state before that issue had been raised.</p> <p>FRAUDULENT REPRESENTATIONS-WAIVER.</p> <p>Where a party, after the discovery of facts tending to show fraud in inducing him to enter into a contract for the purchase of property, is silent, and continues to treat the property as his own, he will be held to have waived the fraud and to be bound by the contract.</p> <p>SAME-PRESUMPTION AS TO FALSITY</p> <p>The single fact that a representation is false does not of itself raise a presumption of knowledge of its falsity.</p>