Watts v. White
California Supreme Court
Appeal from the Fourth District. For case, see opinion. The Court below first having overruled the demurrer, sent the case to a Referee “to take an account of the value of the interests in certain mining claims which were sold bjr the plaintiff to the defendant, as mentioned in plaintiff’s complaint, at the time of such sale; also, the excess of such value over and above the price paid by the defendant for the same mining interests; also, to take and state an account of the…
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Appeal from the Fourth District. For case, see opinion. The Court below first having overruled the demurrer, sent the case to a Referee “to take an account of the value of the interests in certain mining claims which were sold bjr the plaintiff to the defendant, as mentioned in plaintiff’s complaint, at the time of such sale; also, the excess of such value over and above the price paid by the defendant for the same mining interests; also, to take and state an account of the dividends declared from such mining interests, which plaintiff was entitled to receive and collect, and which were due…
1Opinion of the CourtBaldwin, J.
Field, J. concurring. Terry, C. J. also concurred, except as to that portion of the opinion which overrules Vallejo v. Randall.
This was a bill, filed in the late Superior Court of San Francisco, to set aside a contract of sale made between plaintiff and defendant for a certain mining claim in Tuba County. The bill charges that plaintiff and defendant were engaged as partners in the purchase of mining claims; that the defendant was the active and managing partner, to whom the business was intrusted; that he became acquainted with the value of the claim, of which plaintiff was ignorant, and…
2Cases cited1 opinion
- Vallejo v. RandallCalifornia Supreme Court · 1855
3Cited by25 opinions
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Lyons v. Brunswick-Balke-Collender Co.California Supreme Court · 1942
- Smith v. PeopleColorado Court of Appeals · 1892
- Hughes v. DevlinCalifornia Supreme Court · 1863
- Clarke v. Lyon CountyNevada Supreme Court · 1873
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