Pitman v. Erskine

Citations

• 49 Wash. 166
• 94 P. 921
• 1908 Wash. LEXIS 545

Syllabus

<p>Sales — Rescission by Vendee — Misrepresentations. An action for rescission of a sale of personal property constituting a restaurant outfit may be based upon misrepresentations by the vendor as to the amount of indebtedness outstanding against the property, within the knowledge of the vendor and unknown to the vendee, and which induced the vendee to make the purchase.</p> <p>Same — Evidence—Parol—To Vary Written Contract. In an action for the rescission of a written contract for the sale of personal property, on the ground of misrepresentations of the vendor as to the amount of indebtedness outstanding against the property, it is not error to exclude evidence to show that the vendee was requested, and declined, to investigate as to the amounts due, where the effect of the evidence would have been to vary the terms of the written contract.</p>