Jackson v. Raterree Land Co., Inc.

This action is for rescission of a contract and return of money paid thereon.

The complaint sets forth three causes of action. The first cause of action is for failure of consideration in that defendant refused and neglected to perform its agreements contained in said contract. The second cause of action alleges fraudulent representations by reason whereof plaintiff was induced to enter into said contract, and the third cause of action is for money had and received.

Judgment was rendered in favor of plaintiff canceling the said contract and for the sum of $3,310.22 paid by her thereon. From this judgment defendant has appealed.

On February 18, 1926, respondent and appellant-entered into a contract for the purchase by appellant of a certain lot in tract No. 7181, in the county of Los Angeles, for the sum of $4,500 upon the following terms: $1125 cash and the remainder in installments of $40 per month. Said contract provided that appellant, with reasonable diligence subject to delays beyond its control, would grade and install granite or oil and gravel roadways, and install curbs and sidewalks along all streets or portions of streets within said tract-, install in the streets…