Payne v. Lindsey Co.

Citations

• 71 Wash. 293
• 128 P. 678
• 1912 Wash. LEXIS 738

Syllabus

<p>Sales — Rescission—False Representations. A sale of a cafeteria business will be rescinded for false representations to tbe effect tbat tbe business was being conducted at a profit, where it was tbe principal inducement leading to tbe sale and tbe purchaser bad no means of ascertaining its truth.</p> <p>Sales — Rescission—Restoration of Status. A rescission of a sale of a cafeteria business will not be denied for tbe reason tbat tbe purchaser discontinued tbe business and cannot restore it in tbe same condition as when received, where it was tendered back in substantially tbe same condition and inability to make full restitution was not tbe fault of tbe purchaser.</p> <p>Appeal — Preservation of Grounds — Objections. After a trial on tbe merits without objection, it cannot be urged on appeal tbat tbe action should have been tried at law as one for damages and not as one for equitable relief.</p>