Perkins v. Lyons

Citations

• 68 Wash. 498
• 123 P. 793
• 1912 Wash. LEXIS 1320

Syllabus

<p>Appeal — Review—Pleadings—Amendments. Upon appeal, pleadings will be deemed amended to correspond to proofs admitted without objection as within the issues raised by the pleadings.</p> <p>Specific Performance — Defenses — Fbaud — Evidence — Sufficiency. Where an exchange of property was negotiated by a broker, who dealt with different parties apart and secured their assent and signatures by falsely representing to one that the other had agreed to his terms, the broker, who subsequently acquired an interest in part of the property exchanged, is guilty of such fraud as to preclude himself and his assignee from enforcing specific performance of the exchange, after it had been repudiated and rescinded by the parties thereto.</p>