Marston v. Simpson
California Supreme Court
Appeal from a judgment for the plaintiffs, and from an order denying a new trial, in the Third District Court,. County of Alameda. McKee, J. The facts are stated in the opinion.
1Opinion of the Court
Department No. 1, McKinstry, P. J.:
The plaintiffs, having tendered a return of the three hundred and fifty shares of the stock of a mining corporation, which constituted the consideration for the sale of the lands, prayed for a decree rescinding the agreement for sale and purchase, and that defendants be compelled to reconvey the legal title.
It is urged by appellants, that plaintiffs did not tender a return of the stock, or give notice of their intention to rescind the agreement, within a reasonable time after they discovered that a fraud had been practiced upon them.
It was, doubtless, the…
2Cited by12 opinions
- Hobart v. Hobart Estate Co.California Supreme Court · 1945
- Scott v. WaltonOregon Supreme Court · 1898
- Rutherford v. Rideout BankCalifornia Supreme Court · 1938
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Bowman v. McPheetersCalifornia Court of Appeal · 1947
7 more not listed; retrieve them via the Exa API.