In the case of Board of Commissioners v. Younger (29 Cal. 176), this Court says: " But a court of equity will not relieve a party from a contract on the ground of misrepresentation, where no confidential relation exists between the parties, and where the means and sources of knowledge, being equally accessible and open to both, the party complaining has no right to place reliance upon the statements of the other; for the law aids the vigilant, not the idle, and will not undertake the care of persons who will not, with the meansat hand, take care of themselves."
So Chancellor Kent says, at page 484, 2d vol. Commentaries: " The common law affords to every one reasonable protection against fraud in dealing; but it does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or a careless indifference to the ordinary and accessible means of information." Story's Eq. Jurisprudence, Sec. 200 a. )
OPINION By the Court:
The demurrer was properly sustained. It does not appear from the complaint that any relation of especial trust or confidence existed between the parties to the contract, or that the means of knowledge as to the terms and conditions of the writing were not equally open and accessible to both. The care and diligence of a prudent man in the transaction of his business would demand an examination of the instrument before signing, either by himself or by some one for him in whom he had a right to place confidence.
The fact that the plaintiff was illiterate, and could read manuscript only with difficulty, did not render this precaution less necessary.
Judgment affirmed.