Legal Opinion

Dow v. Swain

California Supreme Court

Decided September 6, 1899No. S. F. No. 1144PublishedCited by 40 opinions

APPEAL írom a judgment of the Superior Court of the City and County of San Francisco and from an order denying a motion to vacate the judgment and to render judgment for the plaintiffs. J. 0. B. Hubbard, Judge. The facts are stated in the opinion of the court,

1Opinion of the CourtTemple,j.

This action was brought to enforce a rescission of a contract for fraud. It is averred that Carrie C. Dow, wife of the other plaintiff, until August 1, 1895, and until conveyance to defendant Swain, owned as her separate property a ranch in Tulare county worth $20,000. The Atlas Iron Works was a corporation with a capital stock of 100,000 shares, of the par value of $10 per share, of which 83,882 shares had been issued. August 1, 1895, plaintiffs contracted with defendant Hovey, who professed to be the agent of defendant Swain, to exchange said farm for 22,220 shares of stock in said…

2Cases cited3 opinions

  1. Mead v. . BunnNew York Court of Appeals · 1865
  2. Eaton v. WinnieMichigan Supreme Court · 1870
  3. McBeth v. CraddockMissouri Court of Appeals · 1887

3Cited by40 opinions

  1. Sime v. MaloufCalifornia Court of Appeal · 1949
  2. Spreckels v. GorrillCalifornia Supreme Court · 1907
  3. Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
  4. Carpenter v. HamiltonCalifornia Court of Appeal · 1936
  5. Davis v. ButlerCalifornia Supreme Court · 1908

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