Legal Opinion

Marston v. Simpson

California Supreme Court

Decided July 1, 1880No. 6,122PublishedCited by 12 opinions

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

  1. Hobart v. Hobart Estate Co.California Supreme Court · 1945
  2. Scott v. WaltonOregon Supreme Court · 1898
  3. Rutherford v. Rideout BankCalifornia Supreme Court · 1938
  4. Loaiza v. Superior CourtCalifornia Supreme Court · 1890
  5. Bowman v. McPheetersCalifornia Court of Appeal · 1947

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