Robbins v. Wyman, Partridge & Co.

Citations

• 75 Wash. 617
• 135 P. 656
• 1913 Wash. LEXIS 1759

Syllabus

<p>Vendor and Purchaser — Remedies of Grantor — Rescission — Fraud. Where a check was given in consideration for a conveyance of land, with the fraudulent intent to stop payment when it was presented, which was done, the grantor may elect to rescind on the ground of fraud, which may be inferred from the subsequent conduct of the grantees.</p> <p>Pleading — Amendments—Departure. A complaint against the grantees in a deed for fraud inducing a sale, containing no direct allegation of a specific intent on the part of the grantees to stop payment of their check, given in consideration for the land, and no direct prayer for a cancellation of the deed, may be amended in those respects, under the liberal rule for the allowance of amendments in the furtherance of justice; since the same is not a departure where it merely cured imperfections in the original pleading.</p> <p>Pleading — Amendments—Enlarging Prayer — Service. Objection that an amended complaint asks greater relief against defendants in default than asked in the original complaint, is fully met by service of the amended complaint.</p> <p>New Trial — Grounds—Amended Pleadings. In an equity case, it is not error to refuse a new trial on allowing a trial amendment to the complaint, where appellant was allowed thirty days in which to elect to submit further testimony.</p> <p>Parties — Defect of Parties Plaintiff — Subsequent Appearance. While the wife is a necessary party plaintiff in an action to cancel her deed to community property, the defect of parties does not go to the cause of action, and is cured where she appeared and “joins” with the husband in the complaint, notwithstanding the appearance was irregular in form.</p> <p>Cancellation of Instruments — Conditions Precedent — Return of Consideration. Plaintiff’s failure to return a check, on which payment was stopped, given in consideration of a conveyance of land, is not fatal to his action to cancel the deed for fraud; since that may be provided for in the ju