Barber v. Thompson
Barber v. Thompson
Opinion of the Court
The purpose of this action was to rescind a contract of sale of stock in a corporation and a lease of a farm and dairy business. The cause was tried to the court without a jury and resulted in a judgment dismissing the action. From this judgment the plaintiffs appeal. The respondents are husband and wife, and reside at Vancouver, Washington. The appellants are husband and wife, and at the time of the transaction in controversy, resided at, or near, Enterprise, Oregon. Pickney Brothers Dairy Company is a corporation organized under the laws of the state of Oregon, with a capital stock of ten thousand dollars, divided into one hundred shares of the par value of one hundred dollars per share. This corporation was the
The appellants claim fraud in two respects. First, that there was a misrepresentation as to the number of cows that would freshen in tbe following November, and, second, that there had been a representation that the farm was paying net from three hundred to five hundred dollars a month, when in fact it was, and had
After giving careful consideration to the record, we are inclined to the view that the holding of the trial court should be sustained.
There is another feature of the case which lends support to this view. The appellant O. A. Barber was a man who had had experience as a merchant, a farmer, and even at one time engaged in the dairy business. "When they visited the farm, the appellants were given every opportunity to look over the herd and examine the books that were kept by the tenant or manager of the corporation, who was then in possession.
There is no question presented in the case except one of fact. It would serve no useful purpose to review in detail the conflicting testimony.
The judgment will be affirmed.
Parker, G. J., Mitchell, Tolman, and Mount, JJ., concur.
Reference
- Full Case Name
- C. A. Barber v. S. W. Thompson
- Status
- Published
- Syllabus
- Contbacts (120)—Rescission-—Estopbel. In an action to rescind a contract for the lease of a dairy farm and the purchase of shares of stock in the dairy business, on the ground of false representations as to the condition of the herd and the earnings of the dairy, the finding of the trial court in favor of defendants will not be set aside where the evidence is conflicting, and it further appears that plaintiffs visited the farm and had every opportunity to inspect the herd, and to examine the books that were kept there by the representative of the defendants in possession at the time.