Legal Opinion

Peters v. McPhadden

Washington Supreme Court

Decided September 26, 1913No. 11225PublishedCited by 3 opinions

Appeal from a judgment of the superior court for Spokane county, Hinkle, J., entered April SO, 1912, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for rescission.

1Opinion of the CourtMoitius, J.

This is an action to rescind a contract on the ground of fraud' and deceit. The contract in issue was one whereby respondents exchanged a $10,000 mortgage upon lands in Grant county for 50,000 shares of the capital stock of the Washington Steel & Bolt Company, of the par value of $1 each.

The fraud complained of consisted of alleged false representations as to the condition of the corporation, property owned by it, the character of the business that was transacted, and the value of the stock. It was also sought, in case it should appear that the mortgage had passed beyond the control of the…

2Cases cited3 opinions

  1. Chicago, Milwaukee & Puget Sound Railway Co. v. TrueWashington Supreme Court · 1911
  2. McNicol v. CollinsWashington Supreme Court · 1902
  3. North Coast Railroad v. NewmanWashington Supreme Court · 1911

3Cited by3 opinions

  1. Atlantic National Bank of Boston v. KorrickArizona Supreme Court · 1926
  2. Fishel v. F.M. Ball Co., Inc.California Court of Appeal · 1927
  3. Marden, Orth & Hastings Corp. v. Trans-Pacific Corp.Washington Supreme Court · 1920

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