Cornish

Cornish v. Suiter

Good Law
1920 Cal. App. LEXIS 761·46 Cal. App. 516·189 P. 487
Court of Appeal of CaliforniaMarch 12, 1920Civ. No. 2745.California1,667 words

Opinion

lead Opinion

Conret, J.

From the findings of fact made in this case it appears that at various times between the first day of January, 1911, and the tenth day of July, 1911, the defendants represented to the plaintiff that they were the duly authorized agents of the owner of a certain tract of land in Modoc County, California, which land had been subdivided under the name of Willow Ranch Orchard Plomestead Tract, and that said land was owned by the Tri-State Land Company. Believing and relying upon such representations, the plaintiff paid to the defendants on June 7, 1911, the sum of $250, and on July 10, 1911, the sum of $250, for and on account of the purchase of a ten-acre parcel of land in said tract. The Tri-State Land Company was not a corporation, but said name was in fact a fictitious name under which one Bernard C. Sitz pretended to be operating and conducting a business of advertising and selling and improving said land, as the defendants at all times well knew, but the defendants failed and neglected to disclose to the plaintiff that the said name of the Tri-State Land Company was a fictitious name, or that said Sitz was the person carrying on said business under said name. Neither in his own…

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