[Download] "Keidatz v. Louis J. Albany" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: Keidatz v. Louis J. Albany
- Author : Supreme Court Of California
- Release Date : January 31, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
In this action to recover damages for fraud, plaintiffs alleged that they were induced to buy a newly-constructed home from defendants by certain false and fraudulent representations respecting the character of the construction of the house and its location on the described real property. They further alleged that the representations were known by defendants to be false and were made to induce plaintiffs to purchase the property and that the contract price of $6,500 exceeded the value of the property by $3,000. In their answer defendants denied the allegations of fraud and pleaded affirmatively that plaintiffs action was barred by two former adjudications between the parties. Defendants then made a motion for summary judgment supported by affidavits setting out the following undisputed facts: in 1949, plaintiffs brought an action to rescind the contract for fraud and failure of consideration. A demurrer to the second amended complaint was sustained with leave to amend. Plaintiffs failed to amend within the time allowed, and judgment was entered for defendants for costs. Thereafter plaintiffs unsuccessfully sought relief from the judgment under section 473 of the Code of Civil Procedure. No appeal was taken, however, from the judgment or from the order denying relief under section 473. Approximately four months after the judgment in the rescission action was entered, plaintiffs brought this action for