Mills v. Richmond Company, Inc.

This is an action for rescission of a contract for the purchase of two lots in the city of Richmond, Contra Costa County. The grounds of rescission are defendant’s breach of its covenant to perform street work. The case was before this court on a previous appeal (56 Cal. App. 774 [206 Pac. 486]), wherein it was held that the complaint pleaded a cause of action and the order of the trial court sustaining a demurrer thereto was reversed. On the trial of the case the parties stipulated to the material facts in controversy, but offered some evidence showing that the actual cost of the street work…