GILLMORE v. GREEN

No. 31645.

39 Wn.2d 431 (1951)

235 P.2d 998

R.M. GILLMORE, Respondent, v. RUTH HICKS GREEN, Individually and as Executrix, Appellant.

The Supreme Court of Washington, Department Two.

October 4, 1951.


Attorney(s) appearing for the Case

Bayley, Fite, Westberg & Goodin, for appellant.

Rummens, Griffin & Short and Paul R. Cressman, for respondent.


WEAVER, J.

This is an action by a contract purchaser of real property for rescission of the contract, for a return of payments made thereon, and for the cost of improvements benefiting the property. Two grounds of rescission are urged: (1) The vendor failed to furnish title report and title policy, as agreed; and (2) the vendor did not have fee title to the property sold.

August 26, 1946, Mrs. Green (defendant and appellant) and her husband, now deceased,...

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