Jennings
Jennings v. Superior Court
Opinion
Lead Opinion
York, J.
The case of Jennings v. Carter et ail. was tried in the Superior Court of Los Angeles County on or about the sixteenth day of February, 3923, before the Honorable H. D. Gregory, Judge thereof, said action being one for rescission and cancellation of a deed to a parcel of land alleged to be worth the sum of $30,000, which plaintiff, then an incompetent, was induced to sign through the fraudulent representations of the defendants Carter and Mitchell. The complaint alleged that on or about the twenty-fourth day of April, 1929, plaintiff deposited in escrow with defendant Flora M. Carter, as escrow-holder, a deed signed by plaintiff which was in form a grant deed conveying the said property to defendant Frank Mitchell; that said deed was so delivered in escrow to defendant Carter upon the instructions and agreement that it should be delivered to said escrow-holder only upon payment to plaintiff of the sum of $5,000 and the delivery to plaintiff of a promissory note in the principal sum of $20,000, bearing interest at the rate of eight per cent per annum, $5,000 of which should be payable one year from date thereof, and $5,000 each year thereafter until the same was entirely paid,…