Tyner v. Stults

Citations

• 102 Wash. 168
• 172 P. 850
• 1918 Wash. LEXIS 901

Syllabus

<p>Vendor and Purchaser — Rescission — Condition Precedent — Tender. An action for rescission will not fail because of failure of the plaintiff to tender a repayment, where the complaint alleged such tender and the status quo was preserved; since a court of equity may impose equitable terms as a condition of relief.</p> <p>Mortgages — Remedies oe Assignee — Rescission — Fraud. The sale of a note and mortgage may be rescinded by the purchaser for fraud where he asked for and received assurance that the security was ample, relying on false representations inducing the sale.</p>