Fowler v. Carne

Citations

• 6 Cal. Unrep. 668
• 64 P. 581
• 1901 Cal. LEXIS 1229

Syllabus

<p>Vendor and Vendee.—Where Plaintiff in an Action to Rescind a contract for the purchase of land alleged that it was not worth more than $6,000, but introduced no evidence of its value, and defendant and several witnesses testified it was worth from $14,000 to $16,000, and that the shares of stock in a water company sold plaintiff was sufficient to water twenty acres in a year of ordinary rainfall, it cannot be contended that findings that it was worth $15,000, and that the shares of water stock were sufficient to irrigate twenty acres, were not supported by the evidence.</p> <p>Vendor and Vendee—Representations by Vendor.—Where Defendant Testified that he did not represent that all of the land purchased by plaintiff was suitable for fruit-raising, except that part already planted to fruit trees, and that ten acres in addition to that under cultivation might be rendered suitable for cultivation by a small expenditure, a finding that defendant did not make such representation was supported by the evidence.</p> <p>Vendor and Vendee—Representations by Vendor.—Where Defendant Testified that there were fourteen hundred and seventy-six trees on the land purchased by plaintiff, and the written contract specified that there were from fourteen hundred to fifteen hundred, a finding that defendant did not represent that there were sixteen hundred was supported by the evidence.</p> <p>Vendor and Vendee—Representations by Vendor.—Plaintiff Alleged that defendant fraudulently represented that the shares of water stock sold plaintiff were sufficient to irrigate the entire tract purchased by plaintiff, and defendant denied that he represented that plaintiff’s shares of water stock would entitle her to a sufficient amount of water to irrigate said lands, or any portion thereof except that part planted to fiuit trees. Held, that allowing defendant to amend his answer after the trial by striking out the words, “or any portion thereof except that part planted to fruit trees,” was not