Stack v. Nolte

Citations

• 29 Wash. 188
• 69 P. 753
• 1902 Wash. LEXIS 575

Syllabus

<p>FALSE BEPEESENTATIONS AS TO VALUE- — -WHEN STATEMENTS OF EXISTING FACT.</p> <p>False representations as to the value of land, made in order to procure a conveyance thereof, constitute actionable fraud, on the theory that they become representations of existing fact, where the land is remote, the grantor has not been on it for more than ten years, is ignorant' of its market value, and is given but one da.y in which to close the deal, upon the representation that he is in danger of losing the land through tax foreclosure, and if he does not sell at once he will never realize a cent.</p> <p>SAME-NEGLECT TO ASCEBTAIN TBUTH- — -WHEN PAETY AT DISADVANTAGE.</p> <p>The rule that one cannot be relieved on the ground of fraud when he has neglected to use the means at his command for ascertaining the truth before acting would not defeat recovery by one who had been induced to part with land situate 3,000 miles away, where he was ignorant of the laws of the state where the land was located, and relied upon the representations of an attorney from that state that he was about to lose the land under tax proceedings and all he could realize therefrom was the inadequate price offered for a quit claim déed by the tax purchaser in order to clear his title.</p> <p>CANCELLATION OE DEED — INADEQUACY OE PEICE.</p> <p>Under such circumstances, the rule that mere inadequacy of price is not sufficient to afford ground for equitable relief is inapplicable.</p> <p>SAME-EVIDENCE.</p> <p>In an action by a grantor to cancel a deed on account of fraud in the procurement, evidence that defendants procured possession of tax certificates against the same property by false representations to the holders that they represented plaintiff and were authorized to pay his taxes, was admissible for the purpose of establishing a link in the preconceived scheme to fraudulently procure a conveyance from plaintiff, by beginning foreclosure proceedings and then representing to plaintiff that they held the tax t