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DAVEY v. BROWNSON

No. 140-3.

3 Wn. App. 820 (1970)

478 P.2d 258

ANN D. DAVEY, Respondent, v. DOROTHY M. BROWNSON, Individually and as Executrix, Appellant.

The Court of Appeals of Washington, Division Three.

December 16, 1970.

Attorney(s) appearing for the Case

Del Cary Smith, Sr. (of Smith, Smith & Smith), for appellant.

Robert A. Southwell (of Malott, Keith & Southwell) and Ross Worthington (of Worthington & Erickson), for respondent.

GREEN, J.

Plaintiff, Ann D. Davey, a purchaser, brought this action to rescind a real estate contract covering the sale of the Bluebird Motel in Spokane. Originally, the complaint alleged fraud and misrepresentation, but was later amended to include mutual mistake. The trial court granted rescission based upon mutual mistake; ordered the defendant vendor, Dorothy M. Brownson, to return the downpayment of $12,898.90, permitting her to retain the installment

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