Reton

Reton v. J. D. Millar Realty Co.

Good Law
132 Cal. App. 708·1933 Cal. App. LEXIS 507·23 P.2d 419
Court of Appeal of CaliforniaJune 22, 1933Docket No. 4883.California1,169 words

Opinion

Lead Opinion

Tuttle, J.

Appellant appeals from a judgment rescinding a contract for the sale of real property, and providing for the reimbursement of the plaintiff in said action in the sum of $1874.05.

On May 29, 1926, plaintiff entered into a contract with appellant for the purchase of a lot in the City of Hermosa Beach. The purchase price was fixed at $6,000. Three hundred dollars was the initial payment, and a símila.r amount was to be paid on June 6, 1926, and on August 29, 1926. Thereafter $60 per month was to be paid, until the balance of the purchase price was discharged. Interest was fixed at seven per cent and the buyer assumed the payment of all taxes and assessments.

Plaintiff paid all of the $300 payments upon the purchase price and in addition made expenditures for taxes and interest. The money judgment allowed her was the total of these items.

The alleged false representations upon which rescission was adjudged were as follows:

The trial court found that the value of the lot never was $6,000, and that it was not worth any amount in excess of $4,POO; that appellant did not, at the time the contract was entered into, intend to procure a lessee for said lot, and that said promise was made…

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