Legal Opinion

McGowan v. Burg Bros.

California Court of Appeal

Decided September 28, 1922No. Civ. No. 4270PublishedCited by 5 opinions

1Opinion of the CourtTyler, P. J.

This action was brought to recover the sum of $2,000 alleged to have been paid to defendant, together with the value of certain real property conveyed to it on account of the purchase price of certain lots. Plaintiff recovered judgment for the sum of $7,000, and defendant appeals.

The case presents the situation of plaintiff being stripped of her possessions, the evidence disclosing the fact that the whole transaction here involved amounted to nothing more than a scheme of actual fraud and deceit, though not so charged, plaintiff contenting herself with merely alleging a failure of…

2Cases cited3 opinions

  1. Blahnik v. Small Farms Improvement Co.California Supreme Court · 1919
  2. Montgomery v. SayreCalifornia Supreme Court · 1893
  3. Port Townsend Southern Railroad v. NolanWashington Supreme Court · 1908

3Cited by5 opinions

  1. Mullanix v. BasichCalifornia Court of Appeal · 1945
  2. Harold v. PughCalifornia Court of Appeal · 1959
  3. Hartford Fire Ins. Co. v. SmithSupreme Court of Oklahoma · 1929
  4. Calvert v. JosephNew Mexico Supreme Court · 1927
  5. Forrest v. Royal InsuranceCalifornia Court of Appeal · 1927

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