Stipcich v. Marinovich

Plaintiff instituted this action to rescind a contract and for a money judgment. The complaint alleged facts as follows: On or about the 17th day of August, 1939, plaintiff and defendant entered into the following written agreement:

“Contract

“This Contract, made and entered into this 17 day of August 1939, by and between Anthony Marinovich hereinafter called Marinovich, and Frank Stipcich, hereinafter called Stipcich.

“Whereas, Marinovich now owns and operates a restaurant business known as the. California Oyster House, and—

“Whereas, Marinovich has possession of and title to a corporation known…