Warner

Warner v. Taft Land & Development Co.

Good Law
113 Cal. App. 71·1931 Cal. App. LEXIS 969·297 P. 969
Court of Appeal of CaliforniaMarch 30, 1931Docket No. 7731.California3,356 words

Opinion

lead Opinion

Parker, J.

This is an action for the rescission of an executory contract to purchase certain real estate in the county of Los Angeles upon the ground of fraudulent representations. The main grounds urged for a reversal of the judgment, which was in favor of the defendants, involve the sufficiency of the findings of the trial court. It is urged by appellant that the so-called findings do not disclose what facts were found, if any, and that the said findings are hopelessly in conflict with each other and also that material issues are left entirely without finding of any sort. These contentions, if correct, would go far towards compelling a reversal of the judgment; indeed, little further inquiry would be necessary.

It was alleged in the complaint that C. A. Campbell solicited plaintiffs to purchase the lot in question and to enter into a contract for the purchase of the same and that he represented and stated as a fact to said plaintiffs certain things, enumerating them in detail. For the purpose of this discussion it might be admitted, that the -facts thus alleged to have been stated were material and if untrue would, with other elements present, suffice to sustain plaintiffs’ cause of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.