Legal Opinion

Thomas v. Hacker

California Supreme Court

Decided February 13, 1919No. L. A. No. 4733PublishedCited by 12 opinions

Id.—Rescission—Material Misrepresentations—Findings of Fact— Appeal.—In an action for the rescission of an alleged fraudulent sale of a business consisting of placing registers in certain hotels and receiving t'he profits from the sale of advertising space therein, findings of the trial court, based upon sufficient evidence, that defendants knowingly and falsely represented to plaintiffs that the business in the territory covered had for some years netted them over a certain…

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Id.—Rescission—Material Misrepresentations—Findings of Fact— Appeal.—In an action for the rescission of an alleged fraudulent sale of a business consisting of placing registers in certain hotels and receiving t'he profits from the sale of advertising space therein, findings of the trial court, based upon sufficient evidence, that defendants knowingly and falsely represented to plaintiffs that the business in the territory covered had for some years netted them over a certain sum per annum in profits, that they had received and refused two separate offers to sell the privilege for which…

1Opinion of the CourtSloss, J.

The plaintiffs are husband and wife, as are the defendants. The defendant C. H. Hacker had been engaged in the business of placing registers in hotels. These registers were furnished to hotels without charge, the profit lying in the sale of advertising space. Hacker had the exclusive right to place the registers of the “National Hotel Register Company” in several states, including Oregon, Washington, Idaho, and Montana. In July, 1914, the parties entered into • a written agreement for the sale by the Hackers to the plaintiffs of such right in the four states last named. The purchase price was…

2Cases cited1 opinion

  1. Davis v. ButlerCalifornia Supreme Court · 1908

3Cited by12 opinions

  1. Harris v. MillerCalifornia Supreme Court · 1925
  2. Neff v. EnglerCalifornia Supreme Court · 1928
  3. Scott v. Delta Land & Water Co.California Court of Appeal · 1922
  4. Stone v. McCartyCalifornia Court of Appeal · 1923
  5. Pullen v. Heyman Bros.California Court of Appeal · 1945

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