
    [No. 12384.
    Department One.
    April 29, 1915.]
    J. E. Randolph, Appellant, v. Edward H. Togus et al., Respondents.
    
    Sales — Rescission-—Fraud. Misrepresentations as to the value and present condition of a going business, inducing a purchase by one who is unfamiliar with the facts warrants a rescission.
    Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered May 11, 1914, upon granting a nonsuit, dismissing an action for rescission.
    Reversed.
    
      Geo. F. Cowan, Jr. and Richard B. Harris, for appellant.
    
      
      Reported in 148 Pac. 5,
    
   Chadwick, J.

The facts in this case bring it within the rule announced in Blum v. Smith, 66 Wash. 192, 119 Pac. 183, and Bunck v. McAulay, 84 Wash. 473, 147 Pac. 33, and Gillette v. Anderson, ante p. 81, 147 Pac. 634.

Misrepresentation as to the value and present condition of a going business, inducing a purchase by one who is unfamiliar with the actual facts, is sufficient to warrant a rescission on the part of the purchaser.

The judgment of the court below is reversed and remanded for further proceedings.

Morris, C, J., Parker, Mount, and Holcomb, JJ., concur.  