Price v. Wenatchee Valley Orchards Co.
Price v. Wenatchee Valley Orchards Co.
Opinion of the Court
Appeal from a judgment rescinding a contract for the purchase of real property, upon the ground of fraud. The respondent resided at Chicago. The appellant was engaged in the sale of lands about five miles north of Wenatchee. The contract was entered into at Chicago, respondent never having seen the lands nor having any knowledge of their character or adaptability for orchard pur
Much of the testimony was taken by deposition at Chicago. Counsel for appellant objected to the reading of these depositions in evidence, because of the character of certain answers made to some of the cross interrogatories in which the answer appears as “Answer to No. -,” giving the number of an interrogatory of similar inport in which the answer made would be an answer to the interrogatory in question. In other cases counsel contends the answer is not as full as the question demanded. We think, in each instance, all the facts sought to be elicited can be ascertained from the deposition, when read as a whole, and this is all that is required; and that in no case does it appear that the witness was attempting to evade the question or withhold material facts within his knowledge, which must appear before the court would be justified in refusing to accept the deposition. 13 Cyc. 998.
It is also contended that the disaffirmance of the contract was not sufficiently prompt. We do not find this objection to
The judgment is affirmed.
Crow, C. J., Mount, Parker, and Fullerton, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.