Hindle v. Holcomb

Citations

• 34 Wash. 336
• 75 P. 873
• 1904 Wash. LEXIS 355

Syllabus

<p>Pleadings — Demurrer—Several Causes of Action. A complaint whicb separately states two causes of action is good as against a general demurrer if either cause contains facts sufficient to constitute a cause of action.</p> <p>Principal and Agent — Fraud—Pleadings—Complaint—Sufetciency — Misrepresentation of Agent as to Price Paid. A complaint by a principal against his agent states a cause of action where it appears that the agent was employed to purchase a certain piece of property at the lowest price obtainable, but misrepresented the price and retained the difference and converted the same to his own use.</p> <p>Same — Settlement Before Discovery of Fraud — Recovery of Money Paid Without Obtaining Rescission. Where an agent induced his principal to purchase property by fraudulent representations, and a settlement is made before the discovery of the fraud, ^whereby the. agent was paid a certain sum and was employed to perform further services, the settlement is void in so far as the fraud in the first transaction enters into the same, and the principal may recover the money paid without obtaining a rescission of the settlement.</p> <p>Same — Fraud Affecting Subsequent Contract. A contract to employ an agent to look after property is void where it was entered into as part payment for previous services in purchasing the property and the agent perpetrated a fraud upon the principal in making such purchase.</p> <p>Trial — Pleadings—Objection to Evidence. An objection to any evidence is not the way to reach a defect in a complaint in that it seeks to recover more than the plaintiff is entitled to.</p> <p>Evidence — Oral Statements Respecting Written Contract. It is not error to permit plaintiff to testify that a written contract was orally agreed to ten days before its execution when it tended to explain an apparent discrepancy in his testimony.</p> <p>Same. Where a written contract is not in dispute, conversations leading up to it are inadmissible.</p> <p>Principal a