Legal Opinion
Zeller v. Milligan
California Court of Appeal
Decided March 10, 1925No. Docket No. 4369PublishedCited by 22 opinions
1Opinion of the CourtHouser, J.
Plaintiff appeals from a judgment “on the pleadings” in favor of defendants.
The suit purported to be for the rescission of a contract wherein an accounting was prayed as auxiliary relief.
The main controversy between the appellant and the respondents appears to be regarding two points, namely:(1) Whether or not the attempted rescission of the contract was made by the plaintiff with sufficient promptness after discovery by plaintiff of the alleged 'fraud of the defendants ; and(2) Whether or not a notice of such rescission was given to the defendants, coupled with an offer to restore to…
2Cases cited13 opinions
- Lady Washington Consolidated Co. v. WoodCalifornia Supreme Court · 1896
- Cal. Farm & Fruit Co. v. Schiappa-PietraCalifornia Supreme Court · 1907
- Tarke v. BinghamCalifornia Supreme Court · 1898
- Kelley v. OwensCalifornia Supreme Court · 1898
- Hammond v. WallaceCalifornia Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sime v. MaloufCalifornia Court of Appeal · 1949
- Neet v. HolmesCalifornia Supreme Court · 1944
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Sharp v. Mortgage Security Corp. of AmericaCalifornia Supreme Court · 1932
- Rosemead Co. v. Shipley Co.California Supreme Court · 1929
17 more not listed; retrieve them via the Exa API.