West Seattle Land & Improvement Co. v. Herren

Citations

• 16 Wash. 665
• 48 P. 341
• 1897 Wash. LEXIS 374

Syllabus

<p>AMENDMENT OP PLEADING — FALSE REPRESENTATIONS — WHEN ACTIONABLE.</p> <p>The refusal of the trial court to allow an amendment to the answer in a cause is not ground of reversal, in the absence of a showing of abuse of the discretion lodged in the court in the matter •of amendments.</p> <p>Representations made by the seller of real estate to induce a purchaser to buy, although false, are not ground for rescission of the contract of purchase, when there was no fiduciary relation existing between the parties, and when the truth or falsity of the representations could have been readily ascertained by the purchaser by investigation on his part.</p> <p>The representations of a vendor of lots in a new town site as to what improvements the owners were going to make in connection therewith, fall under the category of expressions of opinion, and not of representations of material facts.</p>