Bennett v. Superior Court

LANGDON, J., Concurring.

I concur in the conclusion reached in this opinion, but I think it should do expressly what it does in effect; namely, overrule the case of Stone v. Superior Court, 214 Cal. 272 [4 Pac. (2d) 777, 77 A. L. R. 743]. The Stone case is, in its essential features, identical with the instant case, and the present decision destroys the former one as authority. Both are actions to recover money paid as consideration under a contract which was previously rescinded by the aggrieved party, for a ground specified in Civil Code, section 1689. The only difference between them is a…