Clauser v. Taylor

This is an appeal by defendant from a judgment in favor of plaintiff after trial before the court without a jury in an action to rescind a transaction whereby plaintiff purchased certain real property from defendant.

These are the facts so far as material here:

Defendant owned two residential lots in Alhambra, California. These lots, as defendant knew, had been filled with debris in 1928, which, however, had been covered, and the fact that the lots had been filled did not appear from a casual examination of the property. Due to the fact that the lots had been filled, the cost of building on…