Board of Commissioners v. Younger

Citations

• 29 Cal. 172

Syllabus

<p>Rescinding an Executed Contract for Sale of Land.—If a Board of Commissioners, having the title of the land of a city in trust for sale, adopt a rule to sell to occupants in possession at a certain price, and one in possession of seventy-two acres petitions to buy a tract stated to contain about seventy-two acres, giving courses, distances, and monuments in the petition, and the tract contains the seventy-two acres, and eighty acres in the occupation of another, and the Board have the means of ascertaining all the facts, and make a deed to the petitioner, a Court of equity will not rescind the contract at the suit of the Board.</p> <p>Facts necessary to obtain Recision of Executed Contract.—Where a party seeks the recision of an executed contract for the sale of fand on the ground of a false suggestion, it must appear that the misrepresentation complained of was as to a material fact hy which the party was induced to make the contract to his injury, and in relation to which he placed confidence in the other, hy reason of his not having the means of knowledge within his own reach.</p> <p>Misrepresentation without Injury.—A naked misrepresentation, however wrong in point of morals, unaccompanied by actual damage, does not afford ground for relief against an executed contract for the sale of land.</p> <p>Recision of Contract by reason of Suppression of Fact.—A contract will not he rescinded on acc'ount of a suppression of a fact hy one party, unless the concealment resulted in injury, and the concealed fact was material, and one which the party was under some legal or equitable obligation to disclose.</p> <p>Mistake in Number of Acres Sold.—If land is sold by metes and bounds, with a statement of the number of acres, a mistake as to the number of acres affords no ground of action, unless it appears beyond controversy that quantity was one of the principal conditions of the contract.</p> <p>When Vendor has Means of ascertaining Quantity of Land.—If the seller has the