Gifford v. Carvill
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The notes in suit were given in part payment for twenty-five shares of the stock of the Aniargoza Mining Company, situated in the southern part of California. The defendant had never visited the mine, and the purchase was made in San Francisco.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The notes in suit were given in part payment for twenty-five shares of the stock of the Aniargoza Mining Company, situated in the southern part of California. The defendant had never visited the mine, and the purchase was made in San Francisco. On the trial, the defendant introduced evidence tending to prove that the plaintiff, as an inducement for the defendant to purchase, told him he had just come from the mine, and that there were five hundred tons of ore out of the mine, which assayed as high as…
1Opinion of the Court
By the Court, Sawyer, J.
This is an action upon two promissory notes given for a part of the purchase money for shares of stock in a mining company. The defense is, that the defendant was induced to purchase by the false and fraudulent representation of the plaintiff as to the value of the mines owned by the company issuing the stock. There is no averment in the answer, and no proof or finding of the Court, that defendant notified the plaintiff of his intention to rescind the contract on the ground of the fraud, or that he offered to return the stock. On the contrary, it appears that this…
2Cases cited6 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Burton v. StewartNew York Supreme Court · 1829
- Shillaber v. WymanMassachusetts Supreme Judicial Court · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McCall v. Superior CourtCalifornia Supreme Court · 1934
- Kelley v. OwensCalifornia Supreme Court · 1898
- Field v. AustinCalifornia Supreme Court · 1901
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Wilson v. HundleySupreme Court of Virginia · 1898
23 more not listed; retrieve them via the Exa API.