McMullen v. Rousseau

Citations

• 40 Wash. 497
• 82 P. 883
• 1905 Wash. LEXIS 1015

Syllabus

<p>Vendor and Purchaser — -Rescission of Sale for Fraud — Parties. In an action for tbe cancellation of deeds for fraud, tbe party to whom the deed was made and who had conveyed to another, is a proper party defendant; nor could he complain of the joinder when no relief or costs were adjudged against him.</p> <p>Same — False Representations by Third Party — Pleading and Proof. In an action to cancel deeds for fraud, evidence of fraudulent representations made by a third party, who opened the negotiations on behalf of the defendant, which were afterwards repeated by the defendant, is admissible although not set forth in the complaint.</p> <p>Same — False Representations by Vendee — Right to Rely Upon Information Not at Hand. Where a conveyance of lands at a reduced price for the sum of $200, was secured through fraudulent representations to the effect that they were wanted for a mill site, that the defendant had three carloads of mill machinery on the way, and sufficient lumber to keep the mill running ten years, and would furnish the grantor firewood free, and give him employment in the mill, the grantor had a right to rely on the statements and was not at fault in failing to discover the fraud, in view of the small amount involved; since the means of ascertaining the truth was not at hand.</p>