Godfrey v. Olson

Citations

• 68 Wash. 59
• 122 P. 1014
• 1912 Wash. LEXIS 1249

Syllabus

<p>Appeal — Review—Amendments to Conform to Proof. Where evidence was admitted without objection, the complaint might have been amended to conform to the proof, and the supreme court will consider the amendment as made.</p> <p>Fraud — Fraudulent Representations — Evidence—Sufficiency— Reliance on Representations. The evidence sustains findings of fraudulent representations in the exchange of property, upon which the plaintiff had a right to rely, where it appears that the defendant knew that plaintiff had no time to examine the land, which was at a distance, and falsely represented that it was good land with a bearing orchard, when in fact it was bari’en and rocky and had no trees on it; and the fact that defendant honestly believed the representations to be true does not relieve him from the payment of damages.</p>