Higson v. Hughes

Citations

• 72 Wash. 362
• 130 P. 478
• 1913 Wash. LEXIS 1465

Syllabus

<p>Sales — Action fob Pbice — Defenses—Failtjbe of Title — Rescission — Fbaud—Diligence. Upon the sale of a lodging house, subject to three debts described as chattel mortgages, the fact that one debt was evidenced by a conditional bill of sale does not authorize the purchaser to plead “failure of title or breach of warranty of title” in an action for the purchase price, commenced long after the sale, where there was no offer to rescind, the defendant was not disturbed in her possession or prejudiced, and there was no fraud or bad faith, but a mere inadvertence in describing the debt.</p>