Kennah v. Huston

Citations

• 15 Wash. 275
• 46 P. 236
• 1896 Wash. LEXIS 176

Syllabus

<p>FRAUDULENT REPRESENTATIONS — WHAT CONSTITUTES — PLEADING.</p> <p>One who, in order to induce another to purchase certain land, represents that the purchase price is'a given sum, and that he will take one half of the land if the latter will join with him in the purchase, is bound to so account to the latter that each will derive the same benefit from the contract of purchase, when the former had an agreement with the seller for the purchase of the property at a less sum than he represented to his co-purchaser that the land could be secured for.</p> <p>A complaint charging that the owner of land, in order to effect a sale thereof to plaintiff, had conspired with another for the purpose of defrauding plaintiff by agreeing that the co-conspirator should represent and pretend to plaintiff that the purchase price of such land was more than the price actually placed thereon between the conspirators, does not state a cause of action against such land owner, when it does not show that he derived any benefit from such misrepresentation, nor that he said or did anything to lead plaintiff to enter into the contract. (Dunbar, J.; dissents.)</p>