Legal Opinion

Conlan v. Sullivan

California Supreme Court

Decided December 31, 1895No. Sac. No. 49PublishedCited by 16 opinions

Appeal from a judgment of the Superior Court of Butte County. J. C. Gray, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

This is an action of rescission. The findings of the court were in accord with the allegations of the complaint, and judgment went for plaintiff. The appeal is from the judgment, and the merits of the case will be determined by a consideration of the sufficiency of the complaint in stating a cause of action.

It appears substantially from the complaint that plaintiff owned a lot worth $700. By reason of a mistake of fact, he fully believed that it was mortgaged for $500, when it was another and different lot that was so mortgaged. He offered to sell the lot to appellants for $700,…

2Cited by16 opinions

  1. Seeger v. OdellCalifornia Supreme Court · 1941
  2. Suburban Homes Co. v. NorthMontana Supreme Court · 1914
  3. Clauser v. TaylorCalifornia Court of Appeal · 1941
  4. Patterson v. MisslerCalifornia Court of Appeal · 1965
  5. Sullivan v. WellbornCalifornia Supreme Court · 1948

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