Evert v. Tower

Citations

• 51 Wash. 514
• 99 P. 580
• 1909 Wash. LEXIS 1221

Syllabus

<p>Limitation of Actions — Fraud — Concealing Mistake — Pleading. An action is not one for relief upoñ the ground of fraud, which would accrue only upon discovery of the fraud, where it is alleged that the plaintiffs sold defendants a car load of eggs, and attached a draft for the price according to the custom of merchants, which by mistake was $1,200 short, and that defendants, after consulting together, decided to conceal knowledge of the mistake, and that paying the draft and ceasing business transactions with plaintiff constituted a fraud on the plaintiffs, which they did not discover until three years subsequent to the sale; and the use of the word “fraud” in the complaint does not enlarge the meaning of the facts pleaded.</p>