Turner v. Eddy

Citations

• 112 Wash. 652
• 192 P. 978
• 1920 Wash. LEXIS 780

Syllabus

<p>Fbaud (21, 23)—Measube of Damages—Evidence—-Admissibility. Upon an issue as to fraud in misrepresenting the value of an apartment house sold to defendant, defendant cannot assert error in refusing to allow evidence of the market value of the house at the , time of the sale, where the theory of her defense to an action for the price was an affirmance of the contract and a recoupment in damages for amounts she claimed to have expended in putting the house in as good condition as it was represented to be in.</p> <p>Same (22)—Misbepbesentation—Evidence-—-Sufficiency. A finding against the defense of fraud in misrepresenting the condition of an apartment house sold to the defendant, is sustained by evidence that defendant was experienced in running such houses, voluntarily sought and persisted in making the purchase after visiting the house five times and making all the inspection desired, and that a boiler, claimed by her to be defective, was inspected by her and her janitor, and she requested an inspection by city authorities, but concluded the deal without waiting therefor, and the evidence upon other points was conflicting, and she made no complaint relating to matters she learned of within a few days’ time, until weeks after maturity of the note for the purchase price.</p> <p>Costs (72)—On Appeal—-Appobtionment. Where personal judgment was inadvertently entered against a defendant husband who was not liable, and the matter was not called to the trial court’s attention, though defendant’s counsel were in possession of a copy of the judgment for five days and were present when it was signed and did not raise the point on the motion for a new trial, upon appeal from the entire judgment, costs will not be allowed on reversing the judgment as to such defendant.</p>