Warren v. W. W. Sheane Auto Co.

Citations

• 118 Wash. 213
• 203 P. 372
• 1922 Wash. LEXIS 635

Syllabus

<p>Fraud (13) — Actions — Pleading — Complaint. An action for damages based upon false and fraudulent representations inducing the sale of a motor truck, is not based upon a warranty, express or implied, and may be maintained regardless of the vesting of title, or knowledge of the falsity of the representations.</p> <p>Fraud (9) — Sales (107) — Implied Warranty — Second-Hand Machinery. Though there may be no implied warranty on the sale of a second-hand article, one who makes false and fraudulent representations inducing its sale cannot escape liability for the fraud.</p> <p>Appeal (396) — Review—Presumptions—Instructions. On appeal from a judgment based on a verdict, it will be assumed, in the absence of the instructions, that questions of fact upon which reasonable minds might differ were properly submitted under correct instructions.</p> <p>Election of Remedies (3) — Acts Constituting Election — Mistake in Remedy. The resort to the mistaken remedy of action for breach of warranty on the conditional sale of an article does not constitute an election of remedies precluding the buyer from pursuing a proper remedy for damages for fraud.</p>