Reilly v. Gottleb

Citations

• 43 Wash. 9
• 85 P. 675
• 1906 Wash. LEXIS 642

Syllabus

<p>Vendor and Purchaser — Fraud—Evidence—Appeal and Error— Review — Findings. Findings of fact ¡based upon the uncorroborated testimony of the vendor of land, as to representations made by the vendor at the time of sale, will be reversed on appeal, where there is directly contradictory testimony of the vendee, corroborated in all particulars by two disinterested witnesses who heard the conversation.</p> <p>Vendor and Purchaser — Misrepresentations—Opinions—Quality — Rescission by Vendee. Representations by a vendor that this land was good farming land in Pecos valley, within three miles of the .city of F. with water and farms in the vicinity, when in fact it was arid land, not in any valley and fifty miles from said city, and no farms near it, are not matters of opinion when the vendor had seen and knew the land; and when relied upon by a purchaser, never having seen the land, which was two hundred and fifty milea distant, the parties do not stand upon an equal footing and the purchaser is entitled to a rescission of the sale on the ground of fraud and false representations.</p>