Lion v. McClory

Citations

• 106 Cal. 623
• 40 P. 12
• 1895 Cal. LEXIS 652

Syllabus

<p>Vendor and Purchaser—Rescission op Sale of Land—Misrepresentation as to Value—Matter of Opinion. —Where a purchaser has resided, for many years in the vicinity of jí tract of land purchased, and is well acquainted with the same, and might easily have ascertained the market value of the land, a misrepresentation as to the value of the land by a real estate agent effecting the sale of the land for the vendor is a mere expression of opinion, upon which the purchaser has no right to rely.</p> <p>Id.—Inexcusable Delay.—Where the purchaser waited for more than two years to see if his speculation would turn out successfully before he made any sign of dissatisfaction it is too late for him to rescind the purchase for misrepresentation as to the value of the land.</p> <p>Id.—Immaterial Omission in Findings.—An omission to find upon an immaterial averment of a cross-complaint, which, if true, would, under the circumstances, make no difference in the result, is not ground for reversal of the judgment.</p>