Gunter v. Laffan
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This cause first came before this Court on the appeal of both parties from the decree and portions thereof of the Court below, and was reversed and remanded for farther proceedings at the October Term, 1856, of this Court.
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Appeal from the Superior Court of the City of San Francisco. This cause first came before this Court on the appeal of both parties from the decree and portions thereof of the Court below, and was reversed and remanded for farther proceedings at the October Term, 1856, of this Court. The case was then re-tried in the Court below, and a decree identical with the first one rendered, from which the defendants appealed, both parties stipulating that the transcripts of the proceedings at both the trials should be used as the record on the second appeal. Both records, taken together, exhibit the…
1Opinion of the Court · MurrayMurray, C. J.
Admitting that the conduct of Laffan and Holmes, in the purchase of Gunter’s interest in the premises in dispute, was a fraud upon his right; or at least a transaction so reprehensible in all its particulars as to raise the presumption of unfair dealing, and warrant a Court of Equity in setting it aside, I am of opinion that the sale was ratified by Gunter, and this I think is clearly shown by his testimony in the case of Peck and Wilson against Burritt, in which he admits that he knew of the compromise of the two-thirds interest between Holmes and Burritt, and the surrender of the Lockwood…
Also in this document: Opinion of the Court · Murray.
2Cases cited1 opinion
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