Dalton

Dalton v. Gore

Good Law
1928 Cal. App. LEXIS 311·88 Cal. App. 554·263 P. 844
Court of Appeal of CaliforniaJanuary 24, 1928Docket No. 4871.California958 words

Opinion

Lead Opinion

Valentine, J.

This was an action brought by plaintiffs and respondents against defendants and appellants for money due under contract. The case was tried on the amended and supplemental complaint of plaintiffs, upon an amendment thereto, and upon the original answer of defendants stipulated to stand as answering plaintiffs' amended complaint.

The amended and supplemental complaint of plaintiffs contained four separate counts or causes of action, the first being on the contract as plaintiffs claimed it was entered into and agreed upon while the second, third and fourth causes of action were for revision on the grounds respectively of fraud, mutual mistake, and mistake of plaintiffs known or suspected by the defendants.

The trial court found for plaintiffs on the first cause of action and found against the allegations of fraud and mistake pleaded in the second, third, and fourth causes of action.

The nature of the contract as found by the court is as follows:

The trial court further found that: “There is now due, owing and unpaid from defendants to plaintiffs said sum of four thousand three hundred seventy-two dollars and eighty-five cents ($4,372.85), together with interest thereon from the…

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