Wood v. Nichols

• Decision Date: 10 March 1893
• Citation: 35 P. 140,6 Wash. 96
• Parties: WOOD v. NICHOLS ET AL.
• Court: Washington Supreme Court

35 P. 140

6 Wash. 96

WOOD v. NICHOLS ET AL.

Supreme Court of Washington

March 10, 1893

For majority opinion, see32 P. 1055.

Per Hoyt, J., dissenting.

A vendor who seeks to obtain a reconveyance of land on the ground of misrepresentation or mistake must tender the full consideration received by him, and the fact that he paid a commission to his agent for negotiating the sale does not entitle him to deduct the amount of such commission from the sum tendered.

HOYT, J., (dissenting.)

I am unable to concur in the affirmance of the judgment in this cause.I agree with the majority of the court that the transaction was such that the plaintiff was entitled to have it avoided, and have his lots returned to him.I also agree with them that he could only have this done upon payment to the defendants of the $300.In my opinion, however, equity having jurisdiction of the matter, it should not dismiss the action, but should allow plaintiff the relief to which he is entitled, upon such conditions as will fully protect the rights of the other parties.It does not consist with my idea of equity to dismiss a plaintiff who is shown to be entitled to relief upon the performance by him of certain conditions simply for the reason that he did not...