Purdy v. Bullard

Citations

• 41 Cal. 444

Syllabus

<p>Rescission of Contract.—A party to a contract is not entitled to a judgment rescinding the same, on the ground of fraudulent representations, unless he has been injured by reason of his reliance on such representations.</p> <p>Complaint in Action to Rescind Contract.—In an action to rescind a sale of real estate, on the ground of fraudulent representations, security, averred in the complaint to have been given for the purchase nfoney, will be presumed to be adequate unless the contrary is expressly averred.</p> <p>Rescinding Part of a Contract.—Where a contract is not severable, and there are good grounds for its rescission, one party is not at liberty to rescind one part ofuit, and leave the residue in full force. P. proposed to sell to B. a hotel, and to effect the sale, P. deeded the property to C., who paid him part of the purchase money, and C. contracted with B. to give him a deed when he was repaid the money thus advanced. B. then gave P. security for the remainder of the purchase money, and assigned his contract with C. to S. Held-, that the whole matter constituted one entire contract.</p> <p>Mortgage in Equity—Offer to Refund Money.—Where P. contracts with B. to sell him his hotel, and, to effect the sale, executes to C. a conveyance thereof, upon C. advancing to P. part of the purchase money, and C. gives B. a contract for a deed when the money he has advanced is repaid, and B. gives P. security for the balance, as between the parties, the sale and . conveyance will be deemed, in equity,'mortgage to secure the payment by B. to C. of the sum advanced; and in such case a complaint, to set aside the contract for fraudulent representations of B., must aver an offer to refund C. his money.</p>