Hewett v. Dole

Citations

• 69 Wash. 163
• 124 P. 374
• 1912 Wash. LEXIS 866

Syllabus

<p>Deeds—Consideration—Evidence. Evidence examined and held to establish that part of the consideration for deeds was the assumption of specified debts of the grantor.</p> <p>Cancellation of Instruments—Fraud—Evidence—Sufficiency. Fraud by the grantee, as ground for the cancellation of deeds, must be proved by clear and convincing evidence, and is not shown by the mere breach of the vendee’s contract to pay certain debts as part of the consideration; since the necessary preconceived intention not to perform is not established merely by subsequent failure to perform.</p> <p>Cancellation of Instruments—Action for Fraud—Relief— Failure of Consideration—Damages. In an action to cancel deeds for fraud, under a complaint asking general relief, the plaintiff may be given damages for partial failure of consideration although failing to establish the fraud.</p>