Legal Opinion

Browne v. San Gabriel River Rock Co.

California Court of Appeal

Decided September 17, 1913No. Civ. No. 1352PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Walter Bordwell, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

In this action respondent secured a judgment enforcing rescission of a contract for the sale of corporate stock. The cause of action was based upon the alleged fraudulent representation made by the agent of the corporation that the stock was “nonassessable.” The appeal is from the judgment and from an order denying defendant a new trial.

The trial court found that the representation had been made as alleged, and if there was any evidence presented which would sustain that finding, it must here be assumed to be correct, for in such a condition this court has not the duty nor privilege of…

2Cases cited1 opinion

  1. Lum v. American Wheel & Vehicle Co.California Supreme Court · 1913

3Cited by8 opinions

  1. Carr v. Sacramento Clay Products Co.California Court of Appeal · 1917
  2. Wiberg v. BarnumCalifornia Court of Appeal · 1929
  3. Merchants Realty & Investment Co. v. KelsoCalifornia Court of Appeal · 1920
  4. Porter v. Northern Fire & Marine InsuranceNorth Dakota Supreme Court · 1917
  5. State v. EdwardsSupreme Court of Minnesota · 1929

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