Desmond

Desmond v. Standard Bond & Mortgage Co.

Good Law
1928 Cal. App. LEXIS 1006·91 Cal. App. 201·266 P. 1005
Court of Appeal of CaliforniaApril 23, 1928Docket No. 5115.California1,304 words

Opinion

Lead Opinion

Wood, J.

Plaintiff purchased from defendant on March 3, 1920, a lot in the city of Long Beach, upon which there had just been constructed a small dwelling-house. Defendant was then engaged in the business of building and selling houses. Plaintiff moved into the house shortly after she purchased it and soon thereafter the floors bnckled and settled and most of the plastering fell from the walls. Finally she was compelled to move away from the house while repairs were being made. She alleged in her complaint that defendant represented to her before the purchase that the house had been constructed in a first-class manner, with first-class plastering and painting and with a first-class foundation, having underpinning posts not more than three feet apart. These representations she alleged were false and were made by defendant with intent to defraud her and in a manner not warranted by the information defendant had at the time. The trial court found plaintiff’s allegations to be true and rendered judgment in plaintiff’s favor for the sum of $1,000, the difference between the actual value of the property at the time of the purchase and the value which the premises would have had if the…

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