Fox-Woodsum Lumber Co. v. Bank of America National Trust & Savings Ass'n

A hearing was granted in this cause after decision in the District Court of Appeal, Second Appellate District, Division Two, not because of any dissatisfaction with the conclusion there announced but because we were unable to subscribe to all of the reasons advanced in support thereof. The circumstances giving rise to the litigation are adequately stated in the opinion of that court and we therefore adopt its recitation of the facts as follows:

“This is an appeal from a judgment in favor of the plaintiff in an action brought in two counts, the first for rescission, arid the second for money…