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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hagge v. Drew, 27 Cal. 2d 368 (1945)

Citation
Hagge v. Drew, 27 Cal. 2d 368 (1945)
Parent Document
Hagge v. Drew, 27 Cal. 2d 368 (1945)
Jurisdiction
California (state)
Effective Date
1945-12-14

Other Sections in This Document (51)

Full Text

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126 Cal.App. 698 [14 P.2d 1069]; Rest., Torts, §§ 550, 551; Rest., Restitution, §8.) The facts of this case do not justify the application of that rule. There were no representations by defendants concerning the value of the property or what price they paid for it. As far as appears they were silent on the subject. No fiduciary relation existed between plaintiffs and defendants. They were dealing at arm’s length. The property had been held for sale by the trustee in bankruptcy for a long period of time. Public proceedings were had in the federal court when the sale to defendants was confirmed. Hagge was informed of the proceedings by Mr. Newport, the president of the bankrupt corporation to whom the property belonged, and was asked to attend the hearing. The cases above cited have to do with nondisclosure of serious defects in the property sold, a very different situation from nondisclosure of the price paid for property, or its value, or from whom it was acquired. There is no actionable fraud under the circumstances.