MATHEWS v. MacARTHUR

Docket No. 15440.

119 Cal.App.2d 196 (1953)

258 P.2d 1068

GEORGE G. MATHEWS et al., Respondents, v. H.E. MacARTHUR, Appellant.

Court of Appeals of California, First District, Division Two.

July 13, 1953.


Attorney(s) appearing for the Case

Albert Picard and Raymond N. Baker for Appellant.

Phillips, Avakian & Johnston for Respondents.


NOURSE, P.J.

Plaintiffs sued for damages for defendant's breach of a written contract for the sale and exchange of real property. In a trial to the court plaintiffs had judgment for $4,349.48. The defendant rested on charges of fraud and misrepresentation precedent to the execution of the contract and on a special defense that plaintiffs had consented to a rescission of the contract.

Findings favorable to plaintiffs were made on all these issues. The main...

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