Pigott v. Graham

Citations

• 48 Wash. 348
• 93 P. 435
• 1908 Wash. LEXIS 865

Syllabus

<p>Sales — Fraud —- Action for Deceit — Reliance on Representations — Duty to Investigate — -Pleadings—Complaint—Sufficiency. A complaint in an action for damages for deceit in a trade whereby two rival printing establishments in the same city were consolidated, is demurrable for failure to state sufficient facts, where it appears that the vendee and vendor were business managers and stockholders in the rival companies, that the stock on hand alleged to be misrepresented in value was at hand, and there was no allegation that plaintiff could not have conveniently investigated the same and the representations as to outstanding debts, nor that the defendant concealed the property or induced plaintiff to refrain from making an investigation of the stock and financial standing of defendant’s company; since no fiduciary relations existed and means of knowledge was equally open to both parties (Fullerton, J., dissents).</p>