Kleeb v. McInturff

Citations

• 62 Wash. 508
• 114 P. 184
• 1911 Wash. LEXIS 734

Syllabus

<p>Evidence — Written Evidence — Varying by Parol — Sales. When a bill of sale of a stallion, taken in part payment of land, was merely collateral to an oral sale of the land, parol evidence is admissible that the stallion was represented to be a pedigreed horse; since the bill of sale did not purport to state all the terms of the contract and does not contradict the same.</p> <p>Sales — Fraud—Remedies of Buyer — Damages. Upon discovering misrepresentations as to the pedigree of a stallion, the buyer may, instead of rescinding, elect to keep the animal and recover his damages.</p> <p>Sales — Fraud—Measure of Damages. The measure of damages for misrepresentations as to the pedigree of a horse, where the buyer does not rescind the sale, is the difference between the price paid and the actual value at the time of the sale.</p>