Hegel

Hegel v. Hannas

Good Law
1919 Cal. App. LEXIS 778·43 Cal. App. 218·184 P. 898
Court of Appeal of CaliforniaSeptember 8, 1919Civ. No. 3059.California949 words

Opinion

lead Opinion

Conrey, J.

The defendants appeal from the judgment and from an order denying their motion for an order vacating the judgment and for an order to amend and correct the conclusions of law and to enter a judgment for the defendants instead of the judgment rendered in favor of the plaintiff.

Both appeals raise the same question. The action was brought to rescind an exchange of real property between the plaintiff and the defendants. Upon evidence the sufficiency of which is not disputed, the court found that the transaction was tainted by fraud on the part of the defendants and that the plaintiff is entitled to rescind. Finding XI reads as follows: “That after the plaintiff obtained possession of the land described in exhibit 0 and before she knew that the representations made to her by said Heber, which are herein-before found to be untrue, were in fact untrue, she made a cropping contract of said land for cropping purposes for the period of one year from the eleventh day of January, 1918, to and with one Manuel Dueso, and by the terms of this cropping contract said Manuel Dueso has the right to go upon said land for the purpose of raising crops thereon until January 11, 1919, that under the…

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