Barnes v. Persson

McCOMB, J.

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages for fraud and misrepresentation, defendant Mintz alone appeals.

Facts:

Plaintiff purchased from defendant Florence Persson two pieces of real estate located in the city of Los Angeles, at 915-919 South Kingsley Drive, improved with eight and nine room houses respectively, and the furniture, fixtures and equipment located therein.

Plaintiff agreed to purchase all the property for $32,000. At the time the property was purchased it was leased to defendant Dorothy Newell. Defendant Paul Mintz was a real estate broker with whom the property was listed for sale.

The trial court found:

“VII. That it is true that during said negotiations and prior to said 8th day of December, 1950, defendants Florence Persson (now known as Florence Persson Gilbert), Paul Mintz and Dorothy Newell represented to the plaintiff that under the lease upon said premises hereinabove referred to, defendant Dorothy Newell, as lessee, was paying to defendant Florence Persson . . . , as lessor, and had been paying for many months prior to said date, the sum of $625 each month as rental and that at the time of said negotiations the income derived from said lease by said lessor was $625 per month and that said rent at the time of the sale by the defendant Florence Persson and immediately preceding said sale, was not delinquent.

“VIII. That it is true that each and all of the representations so made by said defendants Florence Persson . . . , Paul Mintz and Dorothy Newell to the plaintiff and particularly described in the foregoing paragraph hereof were false and untrue.

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“XII. That each and all of said representations so made by said defendants Florence Persson . . . , Paul Mintz and Dorothy Newell and each and all of them, to the plaintiff, hereinabove found to have been made, were false and untrue and were known by said defendants so making them to be false and untrue at the time same were made and that said representations were so made to the plaintiff by the said defendants with the purpose and intention of deceiving the plaintiff and with the object of having her rely upon same and act upon same in the purchase of said real and personal property, including the lessor’s interest in the above described lease hereinabove described as the subject of said sale, and plaintiff did, in fact rely upon said representations so made to her by said defendants and, in pursuance of her said reliance thereon, acted upon same and purchased said real and personal property as hereinabove found, and all of said representations so made to the plaintiff by said defendants were and are material to the transaction entered into by the plaintiff and defendant Florence Persson . . . and the sale so consummated as a result of said escrow hereinabove referred to and were intended by all of said defendants to induce the plaintiff to enter into said transaction and to facilitate the consummation of said sale.”