Horowitz v. Kuehl

Citations

• 117 Wash. 16
• 200 P. 570
• 1921 Wash. LEXIS 997

Syllabus

<p>Fraud (5) — Sales—Misrepresentations—Value oe Property— Future Events or Existing Facts. False representations as to the standing of a musicians’ directory are not mere “trade talk” or “seller’s praise” hut are actionable, when made with intent to deceive, and they did deceive the purchaser, as to the value, although connected with future events, intermingled with existing facts, which formed an integral part thereof.</p> <p>Evidence (104) — Hearsay—Declaration oe Third Persons — Admissibility. Under the rule that evidence of matters of general reputation or notoriety is not hearsay, it was competent, upon an issue as to the standing of a directory of musicians among musicians, for one of that class to testify that the directory had no standing, though his knowledge was based on inquiry among musicians.</p> <p>Bills and Notes (127) — Actions—Admissibility oe Evidence— Fraud. In an action on a promissory note, to which the defense was set up that it was procured through false and fraudulent representations as consideration for the sale of publishing rights for a directory in certain territory, evidence concerning the acts and conduct of the seller subsequent to the consummation of the sale was properly admissible upon the issue of fraud.</p> <p>Mackintosh, J., dissents.</p>