Marston v. Simpson

Citations

• 54 Cal. 189

Syllabus

<p>Rescission of Contract—Fraud. — It is the duty of a party desiring to rescind a contract for fraud, to do so promptly, upon a discovery of the facts entitling him to rescind; but held, in this case, that a delay of a little less than six months was not such laches as to deprive him of the right. ■</p> <p>Id. — Id.—For certain purposes the law will presume a person to have notice of facts in respect to which he has been put upon inquiry; but when a party is defrauded by another, between whom and himself special relations of trust and confidence exist, information as to the fraud by others will not constitute notice, if the party defrauded is in fact prevented from crediting such information, by the representations of the other party.</p>