HONEY v. HENRY'S FRANCHISE LEASING CORP.

Docket No. S.F. 21908.

64 Cal.2d 801 (1966)

415 P.2d 833

52 Cal. Rptr. 18

CLARENCE HONEY, Plaintiff, Cross-defendant and Respondent, v. HENRY'S FRANCHISE LEASING CORPORATION OF AMERICA, Defendant, Cross-complaint and Appellant.

Supreme Court of California. In Bank.

July 5, 1966.


Attorney(s) appearing for the Case

Heller, Ehrman, White & McAuliffe, John P. Borgwardt and M. Laurence Popofsky for Defendant, Cross-complaint and Appellant.

McCloskey, Wilson, Mosher & Martin, Theodore C. Carlstrom and Roger L. Mosher for Plaintiff, Cross-defendant and Respondent.

John R. Hetland as Amicus Curiae, upon the request of Chief Justice Traynor.


TRAYNOR, C.J.

In March 1962 plaintiff contracted to purchase real and personal property from defendant for $135,000. He paid $25,000 down and agreed to pay $845 per month until the total price was paid. Plaintiff made the monthly payments until February 1963. He then brought this action to rescind the contract for material misrepresentation of fact and to recover what he had paid. Defendant answered and cross-complained. It denied that plaintiff was entitled to rescission...

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