Riser v. Walton
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The action was brought to recover damages for fraudulent representations. The facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
This action is for a fraudulent representation by the defendant in the quantity of land sold by him to the plaintiff.
The plaintiff alleges that the defendant falsely and fraudulently represented to plaintiff that said tract contained sixty acres of land, whereas it actually contained no more than forty-six acres. The complaint was demurred to on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and appellant contends that the order is erroneous, because there is no averment that the plaintiff sustained any damage.
The complaint…
2Cases cited2 opinions
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Fitzsimmons v. JoslinSupreme Court of Vermont · 1849
3Cited by22 opinions
- Eatwell v. BeckCalifornia Supreme Court · 1953
- Bradbury v. HigginsonCalifornia Supreme Court · 1912
- Bacigalupi v. Phoenix Building & Construction Co.California Court of Appeal · 1910
- Gallagher v. California Pacific Title & Trust Co.California Court of Appeal · 1936
- Menke v. RovinSupreme Court of Missouri · 1944
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