Cruess v. Fessler
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. This is an action to rescind a contract for the purchase of a one third interest in a meat market and to recover of the defendants the amount of the purchase money paid, and funds advanced by the plaintiff on account of said contract, on the ground of false and fraudulent representation as to the true value of said interest and of the profits and goodwill of the business made by the…
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Appeal from the District Court of the Fourth District, City and County of San Francisco. This is an action to rescind a contract for the purchase of a one third interest in a meat market and to recover of the defendants the amount of the purchase money paid, and funds advanced by the plaintiff on account of said contract, on the ground of false and fraudulent representation as to the true value of said interest and of the profits and goodwill of the business made by the vendors at the time of entering into such contract. The other facts are stated in the opinion.
1Opinion of the CourtRhodes, C. J.
At the time of the trial, "the plaintiff requested the Court to render its finding of fact in writing, and the request was duly entered in the minutes of the Court; but the Court disregarded such request, and rendered its findings orally. For this error the plaintiff is entitled to have the judgment reversed. (Practice Act, Sec. 180.)
The Court, in its oral findings, which are set out in the statement on appeal, finds all the material facts for the plaintiff, and also finds that “the value of the said share of the stock and fixtures is not proven. ” The Court found, as a conclusion of law,…
2Cited by16 opinions
- Spreckels v. GorrillCalifornia Supreme Court · 1907
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916
- Herfort v. CramerSupreme Court of Colorado · 1884
- City of Tacoma v. Tacoma Light & Water Co.Washington Supreme Court · 1897
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