Weinhard v. Summerville

Citations

• 46 Wash. 127
• 89 P. 490
• 1907 Wash. LEXIS 573

Syllabus

<p>Reformation of Instruments — Fraud—Evidence—Sufficiency. The evidence is insufficient to warrant the reformation of a warranty deed, so as to except a lease from the covenant of warranty, where it appears that the vendors, upon accepting part payment, gave a receipt calling for a warranty deed and abstract showing clear title and executed the deed containing no reference to the lease, that no representations were made to them as to the contents of the receipt or deed, which they read or had opportunity to read, and that there was no conversation or agreement as to the sale being made subject to the lease; and the fact that the vendee directed the agent to omit any reference to the lease in drawing the deed does not establish fraud.</p>