Linville v. Wiedrich

Citations

• 108 Wash. 1
• 182 P. 578
• 1919 Wash. LEXIS 781

Syllabus

<p>Vendor and Purchaser (44, 166)—Agreements for Rescission— Recovery of Purchase Money—Judgment—Findings—Sufficiency. Where purchasers were in arrears and could not pay and settled with the vendor by surrendering their rights and the premises and cancelled and destroyed the contract of purchase, they cannot recover sums they had paid on the purchase price.</p> <p>Same (172)—Pleading (157)—Striking Out Irrelevant Matter. In an action to recover moneys paid on a land contract, pursuant to an alleged mutual cancellation when the purchasers were in arrears and unable to pay, allegations of fraud by the vendors inducing the sale are properly struck out as immaterial.</p> <p>Pleading (163) —Election—Inconsistent Defenses. In an action to recover money paid on a land contract, pursuant to an alleged mutual cancellation, defenses of a surrender in consideration of a release, and that the sums paid and improvements made by the purchasers were not equal to the rental value and damages committed, are not inconsistent in the sense of requiring an election.</p>