Archer v. Freeman

Citations

• 124 Cal. 528
• 57 P. 474
• 1899 Cal. LEXIS 1030

Syllabus

<p>Fraud—Action for Damages—Statute of Limitations—Discovery— Means of Knowledge.—An action for damages for fraudulent representations made with respect to lands purchased by the plaintiff from the defendant is barred within three years after the plaintiff discovered or had the means of knowledge of the alleged fraud, and was put upon inquiry concerning the same.</p> <p>Id.—Misrepresentations—Building of College—Donation—Laches— Running of Statute.—Where the fraud complained of consisted of misrepresentations as to the immediate building of a college, and as to a donation of one hundred thousand dollars made by the defendant for that purpose, and the plaintiff, as a man of reasonable caution and observation, ought to have known that the representations were false, and that the least inquiry would , have shown their falsity, the failure to make such inquiry is laches, and the statute of limitations begins to run when the fraud ought reasonably to have been discovered by proper inquiry.</p> <p>Id.—Assignment—Right of Action for Fraud.—A mere assignment of a pure naked right to bring an action for fraud, unconnected with any property or thing which had itself a legal existence and value, independent of the right to sue for fraud, is void. A mere right to complain of fraud is not assignable.</p>