Green v. Duvergey
California Supreme Court
The facts are stated in the opinion. D. J. Hall, T. B. Dozier, Milton J. Green, and Gavin McNab, for Appellants. The law only requires a conditional offer to restore everything of value received by the party rescinding, upon condition that the other party shall do likewise. (Civ.
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The facts are stated in the opinion. D. J. Hall, T. B. Dozier, Milton J. Green, and Gavin McNab, for Appellants. The law only requires a conditional offer to restore everything of value received by the party rescinding, upon condition that the other party shall do likewise. (Civ. Code, sec. 1691; Loaiza v. Superior Court, 85 Cal. 31, 32;1 Rohrbacher v. Kleebauer, 119 Cal. 260; Maddock v. Russell, 109 Cal. 426.) A certificate of deposit merely represents an amount of money in bank. (Bouvier’s Law Dictionary.) A substantial restoration is all that is required. (Hill v. Wilson, 88 Cal. 97.)…
1Opinion of the Court
HARRISON, C.
This action was brought by Robert Woodburn to obtain a judgment canceling and declaring void a deed of conveyance of certain mining property made by him to the defendants, upon the ground that it was executed by him by reason of fraudulent representations and undue in fluence on the part of the defendants, and at a time when he was mentally incompetent to transact ordinary business, and that upon being restored to capacity and discovery of the fraud he had rescinded the transaction and demanded a reconveyance of the property,' offering at the same time to restore the consideration…
2Cases cited17 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Neblett v. MacFarlandSupreme Court of the United States · 1876
- Gatling v. NewellIndiana Supreme Court · 1857
- Importers & Traders' National Bank v. PetersNew York Court of Appeals · 1890
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
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3Cited by56 opinions
- Spreckels v. GorrillCalifornia Supreme Court · 1907
- Carney v. SimmondsCalifornia Supreme Court · 1957
- Locke Paddon v. Locke PaddonCalifornia Supreme Court · 1924
- Bone v. HayesCalifornia Supreme Court · 1908
- Diamond v. Superior CourtCalifornia Supreme Court · 1922
51 more not listed; retrieve them via the Exa API.