Wolff v. Love

Citations

• 78 Wash. 561
• 139 P. 597
• 1914 Wash. LEXIS 1061

Syllabus

<p>Vendor and Purchaser — Remedies of Vendee — Partial Rescission — Damages—Fraud—Failure of Consideration. Whether a contract for a trade of lands is severable and capable of partial rescission depends upon the intent of the parties; and where there was a partial failure of consideration by the fraud of one party in pointing out the wrong lots constituting a part of the consideration, the other party may tender a reconveyance of such lots and recover their agreed value, as for damages for loss of part of the purchase price of his property.</p> <p>Evidence — Parol Evidence to Vary Writing — Consideration. A partial failure of consideration for a trade of properties, pursuant to a written contract, may be shown by parol evidence to the effect that certain lots mentioned1 in the writing as part of the trade were already under contract of sale and the contracts were assigned, although the writing did not mention the assignments, and that part of the consideration failed through the fraud of the party in pointing out the wrong lots, and the repudiation of the assigned contracts on account of such fraud.</p>