Griffith v. Strand

Citations

• 19 Wash. 686
• 54 P. 613
• 1898 Wash. LEXIS 450

Syllabus

<p>FRAUD — SALES — FALSE REPRESENTATIONS —REMEDY OF BUYER — PAROL PROOF.</p> <p>Parol proof of fraudulent representations is admissible for the purpose of avoiding a written contract induced by them, and it is immaterial whether the fraud relates to the consideration or to the execution of the contract.</p> <p>The failure to rescind a fraudulent sale does not operate as a waiver of the right to treat the sale as fraudulent, hut the defrauded buyer may affirm the contract and recoup in damages if sued by the vendor.</p> <p>The purchaser of a stock of goods cannot avoid the sale on the ground of fraud, in that false representations were made to him as to the quantity, quality and value of the goods, when there was no fiduciary relation between the parties, and when it was in the purchaser’s power to readily determine the truth or falsity of such representations by an inspection of the goods.</p> <p>One who stands by while fraudulent representations concerning certain goods are made is not hound thereby, though he subsequently by assignment acquires the interest of the one making the false representations, in the price of the goods, when such person at the time of the misrepresentations was not interested in the. goods nor a party to the negotiations then pending, nor acting in collusion with his assignor, nor aiding in any attempt to defraud the purchaser of the goods, nor hound to take note of the misrepresentations by reason of his relation to the parties or interest in the subject matter of the sale.</p>