Sherbloom v. Faussett

Citations

• 99 Wash. 680
• 170 P. 337
• 1918 Wash. LEXIS 696

Syllabus

<p>Exchange of Property—Rescission—Actions — Parties. In an action for a rescission of an exchange of plaintiff’s land for two tracts owned and conveyed by different parties, both such parties are necessary parties defendant, since there could not be a partial rescission.</p> <p>Same—Rescission—Restitution. A party cannot rescind an exchange of properties for fraud without making restitution and restoring the status quo.</p> <p>Same—Rescission—Defenses — Ratification. Rescission of an exchange of properties, induced by coercion while plaintiff was intoxicated, must be denied where she subsequently ratified it by dealing with the defendant as her agent in the collection of rents upon the property she received.</p> <p>Appeal—Review—Discretion—New Trial. The discretion of the trial court in refusing a new trial for newly discovered evidence that was merely cumulative cannot be disturbed on appeal.</p>