Dvorak

Dvorak v. Latimer

Good Law
1928 Cal. App. LEXIS 947·91 Cal. App. 664·267 P. 578
Court of Appeal of CaliforniaMay 8, 1928Docket No. 3508.California4,390 words

Opinion

Lead Opinion

Tuttle, J.

This is an action brought to obtain a rescission of a contract for the sale of real property and for alternative relief in damages, in the event a return of plaintiff’s property cannot be had.

From the facts it appears that for more than two years prior to February 20, 1923, defendants (husband and wife) were the owners of certain ranch property situated in the county of Tulare. The said ranch was improved by a dwelling-house, barn, pumping plant, and some orange and peach trees. For some time prior to said date, plaintiff was the owner of a lot in the city of Pasadena, on which was erected a “double” or “duplex” bungalow.

On February 17th plaintiff called at said ranch in company with her husband, one Ryman, and F. L. Polansky, a real estate salesman who was interested in promoting a trade of said properties. Prior to said visit plaintiff had not communicated with or seen defendants, nor had defendants inspected said bungalow. Plaintiff is of Czech descent and spoke very little English. Most of the conversation had on said visit was through the said real estate agent, who acted as interpreter, and who apparently was acting as agent for both parties with their knowledge and…

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