Christensen v. Jessen

Citations

• 5 Cal. Unrep. 45
• 40 P. 747
• 1895 Cal. LEXIS 1153

Syllabus

<p>Pleading—Defects.—Judgment will not be Reversed because of u defective allegation which did not mislead the opposite party, and which was not objected to by demurrer, and under which evidence was admitted without objection.</p> <p>Limitation of Actions—Fraud or Mistake.—Code of Civil Procedure, section 338, subdivision 4, limiting to three years “an action for relief on the ground of fraud or mistake,” applies to an action at law, as well as in equity.1</p> <p>Assignment of Lease—Fraud in Procuring—Evidence.—Defendant having induced plaintiff to consent to an assignment of a lease by representations that the assignment provided for an annual rent of $800 to be paid plaintiff, it is unnecessary, in an action for fraudulent representations, that plaintiff prove that $800 could have been obtained, but if no more than $500, the amount actually provided for in the assignment, could have been obtained, this was a matter of defense.</p>