Northwest Motor Co. v. Braund

Citations

• 89 Wash. 593
• 154 P. 1098
• 1916 Wash. LEXIS 734

Syllabus

<p>Corporations — Actions—Condition Precedent — Payment of License Fee. Rem. & Bal. Code, § 3715, providing that no corporation shall commence or maintain any suit without alleging and proving that it had paid its annual license fee, being merely a revenue measure, is sufficiently complied with by payment before argument for new trial and entry of findings and decree; especially where defendant took judgment on a counterclaim which the corporation was forced to defend.</p> <p>Reformation of Instruments — Fraud — Evidence — Sufficiency. A written contract for the sale of an automobile cannot be reformed for fraud in failing to incorporate in it certain guarantees, upon evidence of the purchaser that he failed to read it when assured that it was only a form, nothing having been done to keep him from doing so, and it appeared by other evidence that he read the whole contract and objected to certain terms; since the fraud must be established by a preponderance of substantial and clear testimony.</p>