HANSON, J. pro tem.
The primary question presented in this case is whether there was a failure to state a cause of action for rescission based on fraud, as the trial court held, merely because the complaint disclosed that the notice of rescission was not served until 72 days after the fraud was actually discovered.
In support of its ruling the trial court relied upon Campbell v. Title Guarantee & Trust Co., 121 Cal.App. 374 [9 P.2d 264],...
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