Holmes v. Burlingame Co.

The plaintiff asserts that the trial court erred in finding that she had lost her right to rescind the contract by inaction or by affirmative action in relation to the property after she discovered the fraud.

The testimony of the plaintiff, upon which the trial court based its decision, is, in part, as follows:

“Q. What was it made you buy out there? * * * A. Mr. Scatterday’s and especially Mr. Nosier’s statement that it was going to be an opportunity to make a profit soon. Mr. Nosier said that he knew that I could make five hundred dollars on that in six months. I had said something to Mr.…