Keidatz v. Albany
Supreme Court of California
249 P.2d 264 (1952)
Keidatz (plaintiff) entered into a contract with Albany (defendant) for the purchase of certain property. In a prior action, Keidatz brought suit against Albany to rescind the contract because of defects in construction. In that action, the court sustained a demurrer to the second amended complaint and gave Keidatz leave to amend. Keidatz failed to amend the complaint. As a result, judgment was entered in favor of Albany. Thereafter, Keidatz brought this action against Albany seeking damages for fraud, alleging that Albany knowingly made false representations regarding the value of the property to induce Keidatz to purchase the property. Albany moved for summary judgment on the grounds that the judgment entered on demurrer in the prior rescission action precluded this action. At trial, the court granted Albany’s motion for summary judgment. Keidatz appealed.
Rule of Law
Holding and Reasoning (Traynor, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 154,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,500 briefs, keyed to 184 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.