Groppengiesser v. Lake

Citations

• 103 Cal. 37
• 36 P. 1036
• 1894 Cal. LEXIS 715

Syllabus

<p>Vendor and Purchaser—Sale op Land—Fraudulent Representations • —Rescission.—Upon a contract for the sale of land, where the statements of the vendor constituted all the knowledge possessed by the purchaser as to the subject matter of the sale, and such representations are false in material respects, the purchaser, acting promptly, may rescind the contract of purchase.</p> <p>Id.—Misrepresentations as to Character op Land—Conflicting Evidence—Review Upon Appeal.—Where the evidence is conflicting as to whether the misrepresentations of the vendor as to the character of the land purchased were material, or were mere matters of opinion, but there is testimony tending to show that there were positive assertions as to the character of the land, and its suitableness for cultivation, and for a fruit ranch, which were not mere matters of opinion, a finding in favor of the plaintiff, in an action to rescind the contract, cannot be disturbed upon appeal.</p> <p>Id.—Knowledge of Vendor When Immaterial.—Where the statements of the vendor constitute all the knowledge possessed by the purchaser as to the subject matter of the sale, it is immaterial that the vendor had not personally seen the land, or did not know that what he stated was untrue, or that he believed it to be true.</p> <p>Id.—Actual Fraud—False Statements Not Known To Be True.—It is actual fraud for a vendor to state as true that which he does not know to be true, intending that the purchaser should act upon it, and to enter into the contract knowing that the purchaser did so in reliance upon his statements, he not having other means of knowledge.</p> <p>Motion for New Trial—Discretion—Appeal.—A motion for a new trial is addressed to the sound discretion of the trial court, and that discretion will not be interfered with unless the appellate court can see that there has been an abuse of it.</p>