Jameson v. Kempton

Citations

• 52 Wash. 106
• 100 P. 186
• 1909 Wash. LEXIS 1082

Syllabus

<p>Fraud — Op Agent to Purchase Land — Pleading—Complaint— Suittciency. In an action the gist of which was to recover for the deceit of an agent to purchase land for plaintiff in misrepresenting the price he paid for it, the complaint is good, as against a demurrer, without alleging specifically the fact of the agency, its character, terms, scope, etc., or the fact that the property was of less value than the fraudulently represented price, where it appears that the defendant voluntarily undertook to serve the plaintiff and fraudulently concealed and misrepresented the true price paid.</p> <p>Same — Evidence—Admissibility. In an action for the deceit of an agent to purchase land, in misrepresenting the price paid, the evidence of the value of the land to show that a good bargain was made is inadmissible in defense of the fraud.</p> <p>Same — Reliance on Representations — Vendor and Purchaser. The purchaser of property, unacquainted with values in the locality, may, without making an investigation, rely on the statements of-one who undertook to make the purchase for her, and misrepresented the purchase price paid.</p> <p>Set-oee and Counterclaim- — Pleading. An instruction allowing an offset is properly refused when it was not pleaded.</p> <p>Fraud — Of Agent to Purchase Land — Defenses—Set-off. In an action for deceit in misrepresenting the price of land purchased for the plaintiff, defendant cannot offset expenses incurred in making the purchase as agent for the plaintiff, especially where he took no chances and voluntarily paid out the expense to one associated in business with him.</p>