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Excerpt from In the Circuit of Appeals of the United States Ninth Circuit: C. H. Souther, Et Al., Appellants, Vs. San Diego Flume Co., Appellee; Brief of Appellee On the appeal in this Court, the position was taken and argued by counsel that sufficient ground was shown for a rescission of the contract, and that the facts were competent to be urged against the appeal under the answer to the cross complaint, although no appeal had been taken by them from the decree dismissing their original bill. This Court, acting upon that claim of theirs, held upon the merits that there was no ground for a rescission of the contract. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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