Legal Opinion

Davis v. Butler

California Supreme Court

Decided December 11, 1908No. S.F. No. 4779PublishedCited by 40 opinions

APPEAL from an order of the Superior Court of Monterey County denying a new trial. B. Y. Sargent, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtSloss, J.

On November 7, 1905, the defendant sold' to the plaintiff two hundred and fifty shares of the capital stock of the Salinas Yalley Bottling Company, a corporation. In January, 1906, the plaintiff, claiming that he had been induced to buy the stock by means of fraudulent misrepresentations made to him by the defendant, undertook to rescind the agreement of purchase and sale. The defendant refusing to restore the money and property received as the purchase price, the plaintiff brought this action, praying a decree that the agreement be rescinded, and that defendant be required to transfer to…

2Cases cited3 opinions

  1. Spreckels v. GorrillCalifornia Supreme Court · 1907
  2. Dow v. SwainCalifornia Supreme Court · 1899
  3. Crescent Feather Co. v. United Upholsterers' Union, Local No. 28California Supreme Court · 1908

3Cited by40 opinions

  1. Zinn v. Ex-Cell-O Corp.California Supreme Court · 1944
  2. Munson v. FishburnCalifornia Supreme Court · 1920
  3. Hefferan v. FreebairnCalifornia Supreme Court · 1950
  4. Harris v. MillerCalifornia Supreme Court · 1925
  5. Russell v. Industrial Transp. Co.Texas Supreme Court · 1924

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