[Download] "Mccall V. Superior Court Of Imperial County" by Supreme Court Of California In Bank " Book PDF Kindle ePub Free

June 11, 2021

eBook details

Title: Mccall V. Superior Court Of Imperial County
Author : Supreme Court Of California In Bank
Release Date : January 01, 1934
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

PRESTON, J. By this proceeding we are required to redeclare the distinction between an action to secure the beneficial results which arise from a unilateral rescission of a contract already accomplished (rescission in pais) and an action in equity to compel a rescission and to secure an award by decree of the benefits resulting therefrom. We are also required to declare whether or not, under the law of attachment (sec. 537 of the Code of Civ. Proc.), a suit for return of the consideration paid upon a contract, after a rescission in pais for fraud, is an action upon a contract, express or implied, for the direct payment of money.