Legal Opinion

Johnson v. Withers

California Court of Appeal

Decided September 16, 1908No. Civ. No. 525PublishedCited by 6 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtTaggart, J.

Action for return of a $1,000 cash deposit made on a contract to purchase an interest in mining property, and for the rescission of the contract. Judgment for plaintiffs. Appeals from judgment and from order denying defendants’ motion for a new trial.

The rescission of contract was made and the judgment of the court based upon the ground of a mutual mistake of facts relating to the subject matter. The complaint states two causes of action: The first alleges the purchase by plaintiffs from defendant Withers of a two-thirds interest in a half section of land in Riverside county for $20,000;…

2Cases cited6 opinions

  1. Kost v. BenderMichigan Supreme Court · 1872
  2. Nounnan v. Sutter County Land Co.California Supreme Court · 1889
  3. Lee v. McClellandCalifornia Supreme Court · 1898
  4. Rendell v. ScottCalifornia Supreme Court · 1886
  5. Conlan v. RoemerSupreme Court of New Jersey · 1889

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3Cited by6 opinions

  1. Tetenman v. EpsteinCalifornia Court of Appeal · 1924
  2. Peardon v. MarkleyCalifornia Court of Appeal · 1920
  3. Sheer v. HoytCalifornia Court of Appeal · 1910
  4. Mosher v. LackCalifornia Court of Appeal · 1919
  5. C. L. Glover Co. v. FarinacciCalifornia Court of Appeal · 1931

1 more not listed; retrieve them via the Exa API.

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