Stelter v. Fowler

Citations

• 62 Wash. 345
• 113 P. 1096
• 1911 Wash. LEXIS 706

Syllabus

<p>Appeal — Record—Statement of Facts — Notice. A statement of facts will not be struck out because the notice of settlement failed to name the “place” of settlement, where amendments were proposed and accepted but for one immaterial change; since it in effect became an agreed statement.</p> <p>Same. Where the certificate of a statement of facts shows that it was certified by the judge who tried the case, the notice of settlement will not be held defective for failure to state the fact.</p> <p>Vendor and Purchaser — Rescission by. Vendee — Waiver—Deeds —Cancellation—Fraud—Evidence—Sufficiency. Where vendees could not read or write the English language, and the vendor defrauded them by representing that $3,000 had been paid on the land contract assigned to them and misread the contract, the taking of possession and cutting the crop hy the vendees does not waive their right to rescind, where they did not then know of the misrepresentations as to the $3,000 payment, and acted with diligence as soon as they learned thereof, offering to reassign the land contract and leave the land as they found it; even if their conduct amounted to a waiver of some of the misrepresentations.</p> <p>Exchange of Property — Rescission—-Notice—Rights of Parties. An action to cancel a deed is notice of plaintiff’s election to rescind, and his right to relief is not affected by his subsequent default and forfeiture of the land contract assigned to him by defendant in consideration and exchange for plaintiff’s land.</p> <p>Appeal — Decision—Remand. A remand, with directions to ascertain the damages under the issues presented, requires a retrial conformable to the applicable rules of law.</p>