Cruess v. Fessler
Citations
- 39 Cal. 336
Syllabus
<p>Pbactice.—Finding..—When the Court fails to have its finding of fact reduced to writing, after a request to do so by a party to the action, entered in the minutes of the Court, the judgment will he reversed on appeal.</p> <p>Conteact of Sale.—Good-Will of Business.—The good-will of a business may he valuable and form the subject-matter, in whole or in part, of a contract of sale.</p> <p>Bepbesentations.-—Value of Business and Good-Will.—A representation of the value of a business and good-will is a material representation.</p> <p>Idem.—Ebaud.—Besoission of a Conteact__A misrepresentation of the value of a business and good-will knowingly made by the vendors—the purchaser being ignorant of the true value—is fraudulent, and entitles the purchaser to a rescission of the whole contract, when it is an entire contract and the fraud affects a material part of the consideration.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The judgment of the court should respond to the issues made by the pleadings and the evidence and adjudicate all the issues thus made.”
- proof required to show that respondent had failed to comply with an order
- judgment of trial court should respond to issues made by pleadings and evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Rhodes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.