Eldridge v. Young America & Cliff Consolidated Mining Co.

The opinion of the court was delivered by

Mount, J.

This Action was brought by respondent against appellant in the court below to rescind an executed contract for the purchase of 40,000 shares of the capital stock of appellant company, and for the return of $10,000 paid therefor, on the ground of false and fraudulent representations made by the agent of appellant in inducing respondent to purchase the stock. These fraudulent repre*298sentations are enumerated in the amended complaint substantially as follows: (1) That there were 25,000 tons of concentrating ore on the dump of the company, of the…