Cook v. Parker

MARKS, J.

This is an appeal from a judgment in favor of defendants in an action wherein plaintiffs sought recovery under the allegations of a complaint containing five separate causes of action which are described in their brief as follows: “The first cause of action was for cancellation of a $500.00 promissory note by reason of failure of consideration. The second cause of action was for cancellation of the note by reason of no consideration. The third cause of action was for rescission of a contract whereby Charles P. Cook agreed to invest $500.00 in the Mission Dairies Association, and for rescission and cancellation of said $500.00 note by reason of the fraud of the defendants, which induced the plaintiff Charles P. Cook to enter into said agreement, and which induced both plaintiffs to sign said $500.00 note. The fourth cause of action was for reformation of the contract to conform to the alleged agreement that the $500.00 note was to be paid solely out of the earnings of the Mission Dairies Association. The fifth cause of action was for a declaration of the rights of the parties.” We will assume that each

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count of the complaint states facts sufficient to constitute a cause of action. The appeal is taken upon the judgment roll alone.

Plaintiffs base their attack on the judgment upon the ground of the alleged insufficiency of the findings of fact and conclusions of law to support the judgment. Their arguments are made under the counts of their complaint wherein they attempted to allege fraud in the execution of the promissory note and lack of consideration for it. They seem to have abandoned their other causes of action which consequently will receive no further attention here.

Plaintiffs allege that defendants were associated together in the ownership and operation of the Mission Dairies Association; that they solicited Charles P. Cook to invest $500 in this business and made false and fraudulent representations to him to induce him to do so; that defendant Kaer loaned him $500 for which she took his promissory note; that Cook signed this note and received the money from Mrs. Kaer on the 20th day of December, 1934; that on the following day Mary W. Cook, the wife of Charles P. Cook, signed the note without any further consideration.