Seligman v. Kalkman

Citations

• 8 Cal. 207

Syllabus

<p>Where a person, clearly insolvent, purchases goods from another on credit, and conceals the fact of Ms insolvency from the vendor, he is guilty of such fraud as vitiates the sale.</p> <p>A party wishing to avoid such sale, on the ground of fraud, has no right to sue upon the contract at the same time. The latter suit may be pleaded in bar to the former.</p>