Jensen v. Harry H. Culver & Co.
Appellate Division of the Superior Court of California
1Opinion of the CourtBishop, J.
The controlling question presented on this appeal is whether or not a municipal court has jurisdiction of an action to recover the sum of $2,000 or less paid pursuant to a contract induced by fraud and rescinded on that ground. ' The complaint in the present action is cast in the form of one for money had and received, but both from the written demand incorporated into the complaint and from the argument made it is apparent that the cause of action thus concealed in the common count is one for the recovery of money which had been paid under a contract since rescinded for fraud. We are of the…
2Cases cited19 opinions
- Hallidie v. EngingerCalifornia Supreme Court · 1917
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- Winkler v. JerrueCalifornia Court of Appeal · 1912
- McNeese v. McNeeseCalifornia Supreme Court · 1923
- Firpo v. Pacific Mutual Life InsuranceCalifornia Court of Appeal · 1926
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3Cited by10 opinions
- Philpott v. Superior CourtCalifornia Supreme Court · 1934
- NMSBPCSLDHB v. County of FresnoCalifornia Court of Appeal · 2007
- Fairbairn v. EatonCalifornia Court of Appeal · 1935
- Ponti v. FarrellCalifornia Court of Appeal · 1961
- Fearey v. GoughCalifornia Court of Appeal · 1943
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