Neale

Neale v. Sterling

Good Law
117 Cal. App. 507·1931 Cal. App. LEXIS 525·4 P.2d 250
Court of Appeal of CaliforniaOctober 16, 1931Docket No. 7986.California555 words

Opinion

Lead Opinion

Spence, J.

Shortly prior to January 12, 1926, plaintiff, a woman seventy-five years of age, had certain dealings with defendants as the result of which she transferred to the defendant Sterling Corporation certain cash, bonds and other property in exchange for stock in said corporation. On January 12, 1926, she was adjudged an incompetent person and Walter F. Kogler was appointed as her guardian. Following the appointment, plaintiff, through her guardian, offered to restore the stock received upon condition that defendants return the money and property received from her. Upon defendants’ failure to accept said offer, plaintiff brought this action to recover said money and property delivered to defendants or the value thereof. From a judgment in favor of plaintiff and against the defendant Sterling Corporation said corporation appeals upon the judgment-roll.

It is appellant’s contention that the findings do not support the judgment. Three of the specifications of insufficiency of the findings are first, that there is no finding that respondent had been adjudicated incompetent prior to the time she entered into the contracts; second, that there is no finding that appellant had any knowledge…

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