Nelson v. Title Trust Co.

Citations

• 52 Wash. 258
• 100 P. 730
• 1909 Wash. LEXIS 1104

Syllabus

<p>Specific Performance — Relief — Actions — Form — Vendor and Purchaser — Rescission or Damages. An action to compel the vendor to carry out his contract to convey certain lots as pointed out, or in the alternative for a rescission and return of purchase money, should not be dismissed for failure of proof where the plaintiff’s evidence shows that he is entitled to damages or relief of any kind.</p> <p>Principal and Agent — Fraud of Subagent- — Vendor and Purchaser. The owner of lots is responsible for fraudulent representations of a subagent employed by the firm who had a contract with the owner to sell the addition, where the owner was the beneficiary of the transaction.</p> <p>Vendor and Purchaser — Rescission by Vendee — Fraud of Agent —Misrepresenting Land. The purchaser of lots is entitled to relief for fraud where it appears that an agent, authorized to sell and provided with a plat indicating a park that did not exist, showed the lots as staked on the ground, and the park, and after a temporary contract was made and money paid, the stakes shown were moved and a new plat filed, cutting off part of the lots shown as desirable for a building site, and platting the park site into lots, •affecting the value of the lots sold.</p> <p>Same — -Defenses—Negligence of Vendee. In such a case, the fact that the new plat was filed before the contract was consummated, and that the contract recited that the purchaser had examined the lots as replatted, would not preclude a recovery because of negligence, where the plaintiff lived a long distance from the lots, was not aware of the change, and was misled into signing the contract.</p>