Rightor v. Ward

Citations

• 87 Wash. 621
• 152 P. 332
• 1915 Wash. LEXIS 953

Syllabus

<p>Pleading—Definiteness—Objections—Waives. Although allegations of fraud and misrepresentation are so general as to he subject to motion or demurrer, the objection will be deemed waived if not made until trial.</p> <p>Insurance—Agents — Contract of Employment — Fraud — Evidence—Sufficiency. A contract employing an insurance solicitor is sufficiently shown to have been obtained by falsely representing that he was, at the time, earning $4,000 a year as a salesman, when in fact he was earning but $125 a month, and the employer testified that he relied upon the representation and would not have employed him except for it.</p> <p>Same—Employment of Agent — Fraud — Validity of Contract. The termination of a solicitor’s contract of employment before the end of the term because he could not make “good,” does not entitle the solicitor to recover the agreed salary, where the contract was vitiated by his fraudulent representations in obtaining it.</p> <p>Same—Employment of Agent—Fraud—Recovery of Salary. An insurance company cannot recover salary paid to a solicitor under a contract obtained by fraud, where he was allowed to continue in the service nine months, it being usual to allow but five or six months to make “good,” and was then discharged because he could not make “good,” salary payments having been made during the nine months in reliance upon the officer’s own judgment as to what the solicitor might do in the future.</p>