Dooley v. Burlington Gold Mining Co.
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for the County of Yavapai. Richard E. Sloan, Judge. The facts are stated in the opinion. The general rule is that a rescission of a contract is an equity proceeding, but the distinction between rescission at law and rescission in equity is clear, and depends entirely upon the facts alleged.
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APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for the County of Yavapai. Richard E. Sloan, Judge. The facts are stated in the opinion. The general rule is that a rescission of a contract is an equity proceeding, but the distinction between rescission at law and rescission in equity is clear, and depends entirely upon the facts alleged. There is no distinction in Arizona between a proceeding at law and in equity so far as the form and mode of proceeding is concerned. “Under our statutes parties to a civil suit, unless otherwise provided, are entitled to a…
1Opinion of the Court
CAMPBELL, J. —
The amended complaint in this action alleges that the appellee, defendant below, by its duly authorized agent, one H. A. Suttle, who was a director and its general manager, also its secretary and treasurer, made to plaintiff certain false representations to induce him to purchase from it 10,000 shares of its capital stock. The representations were: That the defendant company owned and was developing and operating certain mining claims in Yavapai county, Arizona; that there were many hundreds of tons of very high-grade ore in sight in the mines; that the company had paid as a…
2Cases cited2 opinions
- W. H. Taggart Mercantile Co. v. ClackArizona Supreme Court · 1903
- Mitchell Mining Co. v. HammonsArizona Supreme Court · 1909
3Cited by5 opinions
- Brown v. GreerArizona Supreme Court · 1914
- Donahue v. BabbittArizona Supreme Court · 1924
- Hammontree v. KenworthyCourt of Appeals of Arizona · 1965
- Sorrells v. CliffordArizona Supreme Court · 1922
- Miller v. ThompsonArizona Supreme Court · 1924