Pereira

Pereira v. Toscano

Good Law
1927 Cal. App. LEXIS 410·84 Cal. App. 526·258 P. 429
Court of Appeal of CaliforniaJuly 22, 1927Docket No. 3290.California1,708 words

Opinion

Lead Opinion

Finch, J.

The plaintiff, a minor, by his guardian ad litem, brought this action to recover the amount which he alleges he paid on a contract for the purchase from defendant of a dairy business, livestock, and other personal property, and which contract the plaintiff disaffirmed on the ground of his minority. The court found in effect that the plaintiff had so paid the sum of $2,300, and that he had received from the sale of a part of the livestock the sum of $600, leaving a balance in his favor of $1,700. Judgment was entered accordingly and the defendant has appealed.

Appellant urges two grounds for reversal of the judgment : “First, that the evidence does not support or sustain the finding that plaintiff paid defendant the sum of $2,300 on account of the purchase price of said dairy. . . . Second, that the evidence does not sustain the finding that plaintiff disaffirmed said contract of purchase or offered to restore to the defendant the property and consideration received from defendant, and did further offer to pay defendant the equivalent of all property that plaintiff has received from defendant and could not return to defendant.”

' There is a substantial conflict in the evidence in…

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