Evans v. Duke

Citations

• 6 Cal. Unrep. 973
• 69 P. 688
• 1902 Cal. LEXIS 933

Syllabus

<p>Vendor and Vendee—Fraud—limitation of Actions.—Defendant in an Action for balance of purchase price of a fruit farm is not barred by limitations from defending, and recovering by cross-complaint money paid, on the ground of fraudulent representations, not having till then discovered the misrepresentation as to amount of land, and become convinced of the falsity of plaintiff's representation as to the amount of profits he had realized from the land, and- his representation, repeated year after year, that the reason defendant did not obtain such profits was due to his want of experience.</p> <p>Vendor and Vendee—Rescission.—False Representations of Vendor that a certain number of acres of the land were under cultivation, and that he had for a number of years obtained certain profits from it, which were fifteen- per cent of the purchase price, are ground for rescission.</p> <p>Vendor and Vendee—Rescission.—Judgment for Defendant in action for balance of purchase money of land, which rescinds the contract, fixes the amount to be paid defendant, he being charged with rent to date, with interest thereon, and plaintiffs with the amount paid, with interest, and provides that on payment by them he shall deliver possession, subject to his right to enter to remove growing crops, empowers them, by paying the judgment, to prevent his retaining possession while they are paying interest.</p>