Sublette v. Tinney
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County off -Nevada. ■ " .This was a bill in chancery brought to rescind a contract, on the ground of fraud.- To the bill a demurrer was interposed on the ground that the action was barred by the Statute of Limitation. The Court below sustained the demurrer and dismissed the bill; and from its ruling the plaintiff appealed.
1Opinion of the CourtField, J.
The plaintiff seeks a recision and cancellation of a contract entered into between himself and the defendants, Tinney and *425Casey, for the sale of certain interests in mining-claims; and, as the ground for the relief sought, alleges a false and fraudulent representation by them of the ownership and possession of the mining interests which they had agreed to transfer to him, and the transfer of which constituted the principal inducement to the contract. To the complaint the defendants demurred, relying, among other grounds, upon the Statute of Limitations. The contract was executed, and bears…
2Cited by29 opinions
- Hobart v. Hobart Estate Co.California Supreme Court · 1945
- Samuels v. MixCalifornia Supreme Court · 1999
- Kerrigan v. O'MearaMontana Supreme Court · 1924
- Boyd v. BlankmanCalifornia Supreme Court · 1865
- Carpentier v. City of OaklandCalifornia Supreme Court · 1866
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