In what circumstances will a party be successful in its claim against a third party?

California, United States of America


The following excerpt is from Priester v. Citizens National Trust & Savings Bank of Los Angeles, 131 Cal.App.2d 314, 280 P.2d 835 (Cal. App. 1955):

In the instant action, as in Magee v. Brenneman, 188 Cal. 562, 571, 206 P. 37, 40, 'appellant failed to show that the transaction was fair and regular, or that the agreement was for a reasonable amount. Thus the presumption that [131 Cal.App.2d 320] it was entered into under undue influence was not rebutted.

Page 839

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