Samson v. Beale

Citations

• 27 Wash. 557
• 68 P. 180
• 1902 Wash. LEXIS 425

Syllabus

<p>FALSE REPRESENTATIONS-AUTHORITY OF AGENT TO MAKE-SUFFICIENCY OF COMPLAINT.</p> <p>In an action against defendants for false representations alleged to have been made by their agents in the sale of real estate, the complaint is proof against demurrer based on the ground that no authority is shown in the agents to make the representations, where it alleges that the agents represented themselves as agents as to all things relative to the building and property and particularly as to all matters and things connected with the sale of the same; that the agents had full authority to sell the same and to represent the defendants in all things connected therewith, when these allegations are combined with the further averment that the representations were made to plaintiff by defendants through their agents.</p> <p>SAME-ACTION FOR DAMAGES-PROPOSED RESCISSION AS A DEFENSE.</p> <p>Where one claiming to have been led into a contract by means of false representations elects to affirm the'contract and sue for damages, instead of bringing an action for rescission, defendants cannot set up the defense that they offered to rescind the sale and refund to plaintiff the money paid thereunder.</p> <p>SAME-NON-SUIT.</p> <p>In an action to recover damages because of false representations by defendant’s agents as to the condition of the foundation under a building sold to plaintiff, plaintiff should be non-suited when no authority of the agents to bind their principal by representations was shown, but merely an authority to sell the property and receive the purchase money; and when it appears the agents informed plaintiff as to what builder constructed the foundation and the plaintiff could readily have ascertained the„ character of the foundation from him, instead of relying upon the statements made by the agents.</p> <p>PRINCIPAL AND AGENT- — AUTHORITY TO WARRANT NOT IMPLIED FROM AUTHORITY TO SELL.</p> <p>The authority of an agent to collect and remit rents, pay taxes, and look after or