Sherman v. Sweeny

Citations

• 29 Wash. 321
• 69 P. 1117
• 1902 Wash. LEXIS 589

Syllabus

<p>CONTRACTS-RESCISSION BY SUBSTITUTION OF NEW AGREEMENT.</p> <p>The legal effect of a subsequent contract covering tbe same subject matter and made by tbe same parties as an earlier agreement between them, but containing terms inconsistent therewith, so that the two cannot stand together, is to rescind the earlier contract' by making the later one a substitute therefor.</p> <p>PLEADING-DENIALS.</p> <p>, Where defendant' has specifically denied the ultimate fact in issue that he had paid the sum of $8,750 upon an option in accordance with the terms thereof, his failure to deny a further allegation that $50,000 paid by him was paid in accordance witn the option would not constitute an admission of payment in accordance with the option contract inasmuch as the statement of the manner of payment was evidentiary matter, which it was unnecessary to deny.</p> <p>SAME-ISSUES-INTRODUCTION OF EVIDENCE WITHOUT OBJECTION - EFFECT.</p> <p>Where a plaintiff introduces evidence on the theory that the denials of defendant raise a particular issue, she cannot after-wards raise the objection that no issue was tendered, hut she is bound by the legal effect of the evidence introduced by her upon that issue.</p> <p>I'BAUD-MEANS OE KNOWLEDGE EQUIVALENT TO KNOWLEDGE.</p> <p>Under the rule which prevents one who has the means of knowledge before him, .and who refuses or neglects to avail himself thereof, from asserting that he was deceived or defrauded, a wife who, without reading it, signs a receipt in full for all demands, when told to sign by her husband, who was acting as her agent and had read the receipt, cannot afterwards claim that she was induced t'o sign through fraud, relying upon the representation of defendant’s agent that it was merely an order for the delivery of a deed held in escrow.</p>