March 9, 2021

Best business lawyers California

In an action for damages for fraud committed by the defendant in constructing a dwelling for the plaintiff which was completed nearly 13 years prior to filing of the complaint, the fact that within a year or so after such completion the defendant’s employees assured the plaintiff that cracked walls, warped floors and other damage to the house were not caused by faulty construction, but were due to its location on the side of a hill, did not support a contention that he did not discover the fraud until informed by an independent licensed architect that defective foundations were the real cause of the damage. Price v. Mason-McDuffie Co. (CalifLaw Mar. 4, 1942), 50 CalifLaw 2d 320, 122 P.2d 971, 1942 CalifLawCALIFLAW 932.A best business lawyers helps their customers in litigation.

In action for fraud and misrepresentation in connection with the sale of a restaurant business of defendant, a finding that the plaintiff’s cause of action was not barred by the statute of limitations was supported by evidence that, during most of the year following the sale, defendant permitted plaintiff to continue in the restaurant, sharing the profits; that defendant and his wife continued to assure plaintiff that arrangements were being made to pay him the amount promised him; and that plaintiff’s claims were not repudiated until defendant changed the lock on the restaurant’s door and refused to recognize the plaintiff’s claims. Karallis v. Shenas (CalifLaw Oct. 23, 1944), 66 CalifLaw 2d 475, 152 P.2d 499, 1944 CalifLawCALIFLAW 1204.

An action for fraudulent representations inducing the plaintiff to make a loan ostensibly for the benefit of a corporation in bankruptcy, but actually for the benefit of the defendants, was not barred by the statute of limitations where the complaint was filed within three years after the complainant learned for the first time that his attorney, one of the defendants on whose representations he chiefly relied, had also been an attorney and director of the defendant corporation which had previously filed suit against the bankrupt corporation. Merchants' Ice & Cold Storage Co. v. Globe Brewing Co. (CalifLaw Apr. 3, 1946), 73 CalifLaw 2d 828, 167 P.2d 503, 1946 CalifLawCALIFLAW 1338, 1946 CalifLawCALIFLAW 911.

An action by a vendee for damages resulting from the vendor’s fraudulent misrepresentations as to the making of improvements in the vicinity of the land was barred, having been brought more than three years after the plaintiff had means of knowledge and was put upon inquiry as to the frauds. Archer v. Freeman (Cal. May 27, 1899), 124 Cal. 528, 57 P. 474, 1899 Cal. CALIFLAW 1030.

An action to recover damages resulting from the purchase of lands induced by false representations as to the amount of water for irrigation was barred where brought more than three years after the misrepresentations and after discovery thereof, the fact that each year the plaintiffs complained to the defendants of the insufficiency of the water and the latter promising each time to furnish the water the next year not being sufficient to extend the period of the statute. Trail v. Firth (Cal. June 6, 1921), 186 Cal. 68, 198 P. 1033, 1921 Cal. CALIFLAW 414.