West Seattle Land & Improvement Co. v. Herren

The opinion of the court was delivered by

Dunbar, J.

This is an action brought by respondent against appellants to foreclose a purchase money mortgage. The defendants (appellants) set up as a defense and by way of counterclaim the fraud of the plaintiff in selling them the property and inducing them to execute the mortgage on which the suit is brought. The false and fraudulent representations by which they were induced to purchase the said premises and execute the mortgage, as set up in defendants’ answer, are briefly as follows : That Thomas Ewing, president and general manager of the…