Cases Determined in the Supreme Court of Washington Volume 83 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Opinion Per Gose, J. [83 Wash. sell it, the question of neighbors, whether good or bad, will enter into the transaction. Indeed, he knows that this element may make or defeat a sale. The appellant swore, however, that he purchased the land for a home and that the inducing cause was the representation that the neighborhood was settled by people of his nationality and religious belief. The law in this state is that, "The purchaser may rely upon representations of the vendor where the property is at a distance, or where for any other reason the falsity of the representations is not readily ascertainable." Wooddy v. Benton Water Co., 54 Wash. 124, 102 Pac. 1054, 132 Am. St. 1102; Lindsay v. Davidson, 57 Wash. 517, 107 Pac. 5U;Best v. Ofeld, 59 Wash. 466, 110 Pac. 17, 30 L. R. A. (N. S.) 55; Godfrey v. Olson, 68 Wash. 59, 122 Pac. 1014; Conta v. Corgiat, 74 Wash. 28, 132 Pac. 746; Grant v. Huschke, 74 Wash. 257, 133 Pac. 447; Borde v. Kingsley, 76 Wash. 613, 136 Pac. 1172; Chapman v. Hill, 77 Wash. 475, 137 Pac. 1041; Lamb v. Levy, 77 Wash. 511, 137 Pac. 1024. Beginning as early as Stone v. Moody, 41 Wash. 680, 84 Pac. 617, 5 L. R. A. (N. S.) 799, this court has steadfastly adhered to the view that a lie is not legal tender in this state. Stelter v. Fowler, 62 Wash. 345, 113 Pac. 1096, 114 Pac. 879. We think the evidence is clear and convincing that the respondents' agent represented to the appellant that the land contracted for was in the heart of a German Catholic settlement, knowing that to be a material fact in the mind of the appellant, and the inducing cause of the purchase, when in fact the whole country was an unsettled wilderness. The mere fact that the appellant did not intend to go upon the land for a year or two does not militate against his right to rescind the...