12 Wash. 670 | Wash. | 1895
The opinion of the court was delivered by
By this action respondents sought to avoid a purchase by them of a certain judgment held by the appellant. The ground upon which this was sought was that respondents had been induced to purchase said judgment by false representations as to it, and as to the condition of the property of the judgment debtor.
Upon the trial, the superior court found the facts to be substantially as contended for by the respondents, and entered a decree as prayed for in the complaint. Such findings of fact were duly excepted to by the appellant, and it is here contended by her that the evidence introduced was not sufficient to warrant the court in finding as it did.
There is little or no dispute as to the law governing
The proofs show that there were some expressions made use of by the appellant which, if taken alone, would seem to warrant the construction put upon them by the respondents, but when they are construed in connection with other statements made by her at the same time, it seems clear to us that she never at any time intended to represent as an absolute fact anything in connection with the judgment or the property of the corporation which it was against. In every conversation in which she made any statements as to the judgment being good, or as to the condition of the property of the corporation, she made it clear, by direct statement or language equivalent thereto, that she had no personal knowledge as to such facts but asserted them to be true by reason of her belief growing out of information which she had received from other parties. Such statements on her part, when taken in connection with the conceded fact that she expressly refused to in any manner guarantee the judgment, compel us to hold that the representations
The findings of fact as to these representations are, in our opinion, unsupported by the proofs,- and- for that reason must be set aside. From which it will follow that the judgment and decree must be reversed and the cause remanded with instructions to dismiss it.
Dunbar, Anders and Scott, JJ., concur.
Gordon, J., not sitting.