Soboda v. Nolf & Co.

Citations

• 91 Wash. 446
• 157 P. 1100
• 1916 Wash. LEXIS 1288

Syllabus

<p>Appeal- — Record—Abstract of Evidence — Dismissal. Except in an extreme case an appeal will not be dismissed for undue amplification of the abstract, under 3 Rem. & Bal. Code, § 1730-1, providing for an abstract of the evidence in narrative form unless it is “necessary for the discussion of the evidence.”</p> <p>Appeal — Review—Pleadings—Amendment. An appeal will not be dismissed on account of the insufficiency of the complaint to state a cause of action where the evidence is sufficient, since the complaint will be deemed amended to conform to the proof.</p> <p>Trial — Findings—Necessity. Findings of fact and conclusions of law are not essential in an equity case tried de novo on appeal.</p> <p>Brokers — Powers — Scope of Authority — Waiver — Rights of Principal. It is beyond the scope of the authority of a real estate broker, employed to effect an exchange of properties, to enter into an agreement waiving the right to rely upon representations made by the other party as an inducement to the trade, and the principal is not estopped by the agent’s signing such an agreement without notice to him.</p> <p>Exchange of Properties — Fraud — Evidence — Sufficiency. A mortgage for $4,250, included as part consideration for an exchange of properties, and represented by defendant to be bankable and as good as cash, is shown to have been in bad faith, where it appears that the mortgaged property, standing in the name of defendant’s wife, was worth from $1,600 to $2,000, with a loan value of $600, was listed by defendant for sale at $3,200 and the notes and mortgage given to defendant the following day, and indorsed without recourse, and was not recorded until four months later, about two weeks before the trade, and an alleged grantee of the land never recorded his deed or paid any interest.</p> <p>Same — Fraud—Misrepresentations—Reliance Upon. On an exchange of properties, a party living in Iowa, whose agent lived' in Oregon, may rely on representations, made to induce the t