Mesenburg v. Dunn

Citations

• 125 Cal. 222
• 57 P. 887
• 1899 Cal. LEXIS 832

Syllabus

<p>Action to Annul Contracts of Sale—Fraud—Recovery of Purchase Money—Equity Jurisdiction—Jury Trial.—In an action by a purchaser under contracts for the sale of lands, to have them annulled on the ground of false representations inducing the purchase, and to recover back the purchase money paid, the court, as a court of equity, has jurisdiction of the main action, and a general jury trial of all the issues cannot be demanded in the action. Where no issue is raised as to the amount of money paid, under the contract, and the answer merely denies the false representations, there is no issue upon which a jury trial can be demanded, and the court, upon determining the issues in favor of the plaintiff, may award full relief, to prevent further litigation.</p>