Fares v. Gleason

Citations

• 14 Wash. 657
• 45 P. 314
• 1896 Wash. LEXIS 429

Syllabus

<p>APPEAL — NECESSITY FOB FINDINGS OF FACT AND EXCEPTIONS — PLEADING— REMEDY FOB INDEFINITENESS —RESCISSION-COSTS.</p> <p>An appeal will not be dismissed on the ground that appellant’s brief does not contain the findings of fact and exceptions taken thereto, when the decree of the lower court is attacked on the ground that it is not supported by the facts found and is erroneous, which is sufficiently made to appear from the facts set forth in the brief.</p> <p>Where enough facts are stated in a complaint to constitute a cause of action, but are not alleged with sufficient particularity, the defendant’s remedy is not by demurrer, but by motion to make the complaint more definite and certain.</p> <p>In an action to set aside a deed, in which a tender of moneys paid on the purchase price has not been kept good, the plaintiff is not entitled to judgment for costs upon a finding in his favor, and a decree entitling him to re-cpnveyance on re-payment of the moneys received from defendant.</p>