Mercier v. Lewis

Citations

• 39 Cal. 532
• 1870 Cal. LEXIS 94

Syllabus

<p>Pleading.—A party who seeks relief must himself state the facts upon which he relies; failing in this, he cannot derive benefit from a cross bill which states another and different cause of action in his behalf.</p> <p>Fbaud.—-An allegation of actual fraud is not sustained by proof of a mistake.</p> <p>Mistake.—Fbaud.—It is not true, as a legal proposition, that a mistake is constructive fraud.</p>