Power & Irrigation Co. of Clear Lake v. Bank of Woodland

(after stating the facts as above). Section 24 of the Judicial Code of the United States, provides, among other things, as follows:

In Bushnell v. Kennedy, 76 U. S. (9 Wall.) 390 , 19 L. Ed. 736 , the Supreme Court expressly declared that under the comprehensive designation “chose in action” are included “all debts and all claims for damages for breach of contract, or for torts connected with contract.”

lr is not contended that if this action is based upon a chose in action the court below had jurisdiction. But it is earnestly insisted on the part of llie plaintiff in error that the action is founded upon an obligation imposed by law, the argument being that the complaint shows upon its face that the contract therein set out was rescinded by the defendants in error, to which rescission the plaintiff in error consented and thereby became entitled under the law to recover the moneys that, had been paid by his assignor under the contract.

Sections 1689 and 1691 qf the Civil Code of California provide as follows 5

And section 1688 of the same Code declares that “a contract is extinguished by its rescission.”

We are unable to sustain the contention of the appellant that the…