Ahrens v. Adler

Citations

• 33 Cal. 608

Syllabus

<p>New Testimony after Case is Submitted.—If, after the parties have introduced testimony on each side, and the case has been submitted to the Court, the plaintiff amends his complaint by an amendment which does not change the issues raised by the denials in the answer filed before the amendment, the defendant is not entitled as matter of right to introduce more testimony upon the issues.</p> <p>Complaint in Suit for Fraudulent Sale of Mine.—If a complaint avers that the defendant, by false representations as to the value of mines, induced the plaintiff to purchase the same and pay a sum of money therefor, and that the defendant gave plaintiff a deed therefor and received the consideration, and also claims general damages exceeding the consideration, and avers an offer to redeem the deed, it is an action, in common law parlance, ex delicto, and not ex contractu, and the averment of an offer to return the deed is not an averment of a rescission of the contract, nor of an offer to rescind.</p> <p>Amendment to Complaint.—If the plaintiff in his complaint claims damages for fraudulent sale of mines to him, and avers an offer to return the deed given to him, an amendment, striking out the offer to return the deed, does not change the issues tendered in the complaint.</p> <p>Damages for Fraud in Sale of Mine.—In an action for damages for the fraudulent sale of a mine, the plaintiff may recover a larger sum, if claimed in the ad damnum clause, than the consideration paid.</p> <p>Offer to return Beer.—An offer to return a deed does not reinvest the grantor with the title, nor is it a rescission of the contract by the grantee, nor an offer to rescind.</p>