McDonald v. Mission View Homestead Ass'n

Citations

• 51 Cal. 210

Syllabus

<p>Findings of Fact.—Findings of fact contradicting admissions in the pleadings should not be made, for the judgment must follow the latter.</p> <p>Judgment in Gold Coin.—If, on the suit of the purchaser, a contract for the sale of real estate is rescinded for fraudulent representations, he cannot recover judgment in gold coin for the value of improvements placed on the premises by him, if the court finds the value in money without designating the kind of money,</p> <p>Contbact to Sell Real Estate.—If a complaint avers that a contract was mado for the sale of real estate, it is not necessary to aver that it was in writing, for the presumption is that it was in writing.</p> <p>Idem.—A finding of fact that a contract was made to sell real estate need not state that the contract was in writing, for it is presumed to be in writing.</p>