Dox

The plaintiff sued to recover the sum of one thousand dollars, with interest, alleged to have been paid in December, 1912, as the purchase price for two hundred shares of the capital stock of defendant corporation. She alleges that coincident with the making of that purchase, and as a part of the contract, the corporation defendant executed in her favor the following writing:

“R. E. Lomax Co.

“Los Angeles, Cal., Dee. b, 1912.

“This is to guarantee that in event of Mrs. Julia R. Dox wishing to sell her stock at any time—on six months’ notice the above Co.—(R. E. Lomax Co.—) will purchase it at its face value— This also guarantees a profit of not less than 10% per annum.

“R. E. Lomax Co.,

“J. P. T.”

In a separate cause of action she alleged that she was induced to purchase the stock by reason of certain false representations made by defendant, to the effect that the corporation was doing a profitable business and earning a profit of not less than ten per cent on the invested capital, and that during the whole period of the existence of the corporation a dividend of ten per cent had been paid. There was added by amendment a cause of action for money had and received. A…