BIRD v. KENWORTHY

Docket No. Sac. 6479.

43 Cal.2d 656 (1954)

277 P.2d 1

W.W. BIRD, Appellant, v. C.V. KENWORTHY, Respondent.

Supreme Court of California. In Bank.

November 30, 1954.


Attorney(s) appearing for the Case

John G. Evans for Appellant.

Rutherford, Jacobs, Cavalero & Dietrich and Stephen Dietrich for Respondent.


EDMONDS, J.

The appeal of W.W. Bird is from an adverse judgment in an action to rescind a conditional sales contract and for the recovery of the amount he paid to C.V. Kenworthy, the vendor. Bird also asked for relief from a forfeiture which assertedly resulted in the unjust enrichment of Kenworthy.

In 1948, Bird and Kenworthy entered into a conditional sales contract and Bird took possession of the tractors described in it. The purchase price was approximately...

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