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Oudin v. Crossman

C. P. Oudin v. Charles Crossman et ux.

Oudin v. Crossman, 46 P. 1047 (Wash. 1896)
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Court
Washington Supreme Court · State Highest Courts
Decided
November 16, 1896
Docket
No. 2251
Judges
Scott
Citations
46 P. 104715 Wash. 5191896 Wash. LEXIS 239
Disposition
Affirmed.
Syllabus
FRAUD — SUFFICIENCY OF EVIDENCE — COMMUNITY LIABILITY. In an action to recover a sum of money, which plaintiff had been induced to pay for the purchase of a mine in reliance upon false representations of the defendants, evidence is admissible showing that the defendants had made representations to other parties than plaintiff, and to the people in the vicinity generally, regarding the existence and character of the mine and the value of its ores, such representations being part of one continuous scheme or transaction for the purpose of selling the mine to any one that could be induced to buy. A judgment for plaintiff, in an action to recover money paid for the purchase of a mine, will not be disturbed when there is evidence tending to show that the mine in fact had no existence, the location being invalid, and that the ore exhibited as a sample did not come from the mine at all. A judgment against husband and wife is warranted in an action to recover money which plaintiff was induced to pay for certain property upon the false representations of the husband, when title to the property was in the wife’s name and the consideration therefor was community property.
Summary
Appeal from Superior Court, Spokane County.— Hon. John McBride, Judge pro tem.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Scott

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The opinion of the court was delivered by Scott, J.

The plaintiff brought this suit to recover a sum of money paid to the defendants for the purchase of a mine. The cause was tried without a jury and the findings and judgment were in favor of the plaintiff, and the defendants have appealed.

The first error complained of is over the admission of certain testimony, and it is contended that some of the necessary findings of the court are totally unsupported except by the testimony in question. This testimony related to representations made by the defendants, or by Charles Crossman, the husband, regarding the existence and character of the mine in controversy, and as to the value of the ores therein contained. It is urged that the same is inadmissible on the ground that the representations were not specifically made to the plaintiff, but were made to other parties, or to the people in the vicinity generally. We think this testimony was admissible. It is evident that the purpose of the defendants was to sell the mine to any one that could be induced to purchase it, and that it was all one continuous scheme or transaction, and the plaintiff was not precluded from showing such representations made in furtherance of that purpose, although the same were not made to him personally.

It is further contended that the findings are not sustained by the evidence, and that, if they are, they do not support the judgment. Without entering upon a discussion in detail of the points urged under these *522 heads, we think it sufficient to say that there was evidence tending to show that the mine in fact had no. existence, the location being invalid, and that the ore exhibited as a sample did not come from the mine at all, and there was evidence to sustain the findings which the court made, and the facts found sustain the judgment entered.

It is next contended that the plaintiff was not entitled to a judgment against Mabel Crossman, on the ground that it was not a community liability; but the alleged title to the mine was in her name and the consideration paid therefor was clearly community property, and this contention is untenable.

Affirmed.

Gordon, Anders and Dunbar, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1897: 11905: 11912: 21915: 11923: 11924: 118972026peak 1912 · 2

Relies on it most ⓘ

  1. May v. Roberts219 P. 55 (Wash. 1923)
  2. Ogden Valley Trout & Resort Co. v. Lewis125 P. 687 (Utah 1912)
  3. Hahn v. Brickell229 P. 739 (Wash. 1924)
  4. Ryan v. Dowell149 P. 343 (Wash. 1915)
  5. Carnahan v. Moore127 P. 195 (Wash. 1912)
  6. Thorp v. Smith51 P. 381 (Wash. 1897)

Most recent

  1. Hahn v. Brickell229 P. 739 (Wash. 1924)
  2. May v. Roberts219 P. 55 (Wash. 1923)
  3. Ryan v. Dowell149 P. 343 (Wash. 1915)
  4. Carnahan v. Moore127 P. 195 (Wash. 1912)
  5. Ogden Valley Trout & Resort Co. v. Lewis125 P. 687 (Utah 1912)
  6. Yakima Valley Bank v. McAllister79 P. 1119 (Wash. 1905)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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