Lyle v. Cunningham

Citations

• 79 Wash. 420
• 140 P. 330

Syllabus

<p>Appeal — Review — Harmless Error — Pleadings — Amendment. In an action upon an assigned cause of action, it is not prejudicial error for the court to allow the complaint to he amended by showing that the plaintiff had no interest except as trustee, and by bringing in the assignor as the real party in interest.</p> <p>Vendor and Purchaser — Fraud — Deficiency — Abatement of Price. The vendee is entitled to an abatement of the purchase price or damages, where it appears that the northerly boundary of the lands sold was a river following an irregular course, which had gradually changed, and he relied on the vendor’s misrepresentations in pointing out the government corner in the center of the river 600 feet from its true location, and falsely stating the area of the land at 60 acres, as indicated by such location of the government corner, when in fact there was but 46.77 acres, by reason of changes in the course of the river.</p> <p>Vendor and Purchaser — Contracts — Forfeiture — Excuse fob Default — Laches. A vendee does not forfeit his interests in permitting taxes and interest to become delinquent, and is not guilty of laches by a delay of about three years in bringing suit, where he was entitled to an abatement of the purchase price for fraudulent representations as to the boundaries, and upon making a survey and discovering the discrepancy, he entered into unsuccessful negotiations for an adjustment of the matter which continued1 for some considerable time.</p>