Washington Central Improvement Co. v. Newlands

The opinion of the court .was delivered by

Dunbar, J.

The respondent brought suit against the appellant on a contract for the purchase by him of certain lots and upon his notes given for the purchase price. Newlands, the appellant, admitted the making of the notes on the contract, and set up an affirmative defense alleging deceit and false representations. The essential allegations of the affirmative defense were as follows:

“ The note and contract hereinabove described were obtained of this defendant by plaintiff by grossly reckless, erroneous, willful and fraudulent representations on…