Hayes & Porter, Inc. v. Wood

Citations

• 86 Wash. 254
• 150 P. 1
• 1915 Wash. LEXIS 1199

Syllabus

<p>Sales — Rescission by Vendee — Deceit—Recovery oe Purchase Money. Deceit in stating the earnings of a hotel by grossly overstating the amount, padding the register and filling the rooms with nonpaying roomers, warrants rescission of a sale of the business and furniture and recovery of the purchase money paid, where the same was relied upon by the purchaser.</p> <p>Same — Rescission—Judgment—Scope oe Reliee. In an action to recover possession of hotel property sold, upon plaintiffs declaring a forfeiture for nonpayment of the purchase price, which was successfully defended on the ground of deceit, defendant asking a rescission, it is error to enter judgment for defendant for the money paid only; but the same should further provide for a cancellation of the sale, a return of the purchase money notes, and the restoration of possession to the plaintiff.</p>