Morrison v. Lods

Citations

• 39 Cal. 381

Syllabus

<p>Pbactice__Specific Performance.—Findings.—In actions for specific per formance of contracts of sale, it is to the interest of the parties, at least the losing party, to have a written finding of the facts filed.</p> <p>Specific Pebfobmance.—Rescission of Contract.—A party to a contract cannot have it rescinded, without a previous offer to refund the money received on account of the contract.</p> <p>Idem.—Rescission of Contract.—False Representation.—A false representation by a party to a contract, wül not entitle the other party to rescind or avoid the contract, unless he show, in addition, that he would he damaged by its performance.</p> <p>False Representation. —Damages. —A recovery cannot be had for a false representation without proof of damage.</p>