Alvarez v. Brannan

Citations

• 7 Cal. 503

Syllabus

<p>Where defendant sold a lot to plaintiff, by deed of bargain and sale, for six thousand dollars, and plaintiff, supposing himself to be the owner thereof, paid taxes thereon, and afterwards discovered that his grantor had previously conveyed the lot; and the Court finds, as a fact, that defendant knew of his prior conveyance, and that the money was fraudulently obtained; the procurement, by defendant, of a full title to the lot, and a tender of conveyance of the same, to plaintiff, will not bar the plaintiff's recovery of the purchase-money, and interest.</p> <p>It is immaterial whether a party, thus misrepresenting a material fact, knew it to be false, or did not know whether it was true or false.</p> <p>Even where there is no intention to deceive, there may be such an amount of gross carelessness as to constitute conclusive evidence of a fraudulent intent.</p> <p>Where a party knowingly misrepresents material facts, the law will not permit him to derive any benefit from the transaction.</p> <p>The injured party may elect to rescind the contract, or proceed upon the covenants of his deed.</p> <p>The objection that there is a defect of parties to the complaint, must be taken by demurrer or answer, or it will be deemed to have been waived; but the defendant may object on the trial, if the proof does not sustain plaintiff's allegations, as to his right of action. *</p>