Freeman v. Kieffer

Citations

• 101 Cal. 254
• 35 P. 767
• 1894 Cal. LEXIS 1021

Syllabus

<p>Vendor and Purchaser — Contract of Sale — Rescission By Pur- ‘ chaser—Fraud—Breach of Promise by Vendor—Reasonable Debay.—A delay on the part of a purchaser of land under a contract of sale to rescind the contract for fraudulent representations by the vendor as to the location and value of the land, and for breach of promises by the vendor to make certain improvements and to furnish water for the land, occurring under circumstances which do not render the delay unreasonable, will not deprive the purchaser of the right to rescind the contract.</p> <p>Id.—Efforts of Purchaser to Settle Controversy—Waiver.—Efforts or willingness on the part of the purchaser to settle the controversy with the vendor growing out of the contract cannot be considered as a waiver of the purchaser’s right to insist upon its rescission after such efforts have proved unavailing.</p> <p>Id.—Fraud by Agent—Responsibility of Principal—Assignment— Rescission.—Where a land company was simply the agent of the plaintiff in making the contract with the defendant for the sale of the land, and the plaintiff accepted the benefit of the contract, as well as an assignment thereof from his agent, the plaintiff is equally responsible with the land company for any fraudulent representations on its part, which induced the contract, and is liable to refund the money paid under the contract which came to the hands of the plaintiff, and is bound to accept a reconveyance of the interest of the defendant in the land purchased.</p> <p>Id.—Parties — Corporation Acting as Agent-—Cross-Complaint— Costs.—A corporation acting as agent of the plaintiff in the contract of sale to the defendant, is a proper, although not a necessary, party to a cross-complaint by the defendant to secure a rescission of the contract, and judgment may properly be rendered against it for costs.</p>