Unger v. Campau

AGEE, J. pro tem.

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On June 16, 1953, plaintiff purchased from defendants, husband and wife, a parcel of real property known as 55, 55A and 55B Brosnan Street, San Francisco, together with certain furniture, for $11,794. On September 3, 1953, plaintiff filed this action against defendants for damages for false representations alleged to have been made by defendant Campau which induced plaintiff to purchase. The trial court, sitting without a jury, rendered judgment in plaintiff’s favor for $3,398.04. This appeal therefrom by defendants followed. Mrs. Campau did not participate in the negotiations and Campau is the defendant hereinafter referred to as “appellant.”

Respondent alleged in her complaint, and the trial court found, that, for the purpose of inducing respondent to purchase and with .the intent to deceive and defraud her, appellant falsely and fraudulently represented to her that the property consisted of three separate residential units which could be rented as such, and that the plumbing and electricity had been installed according to the applicable laws and were in good condition and repair; that these representations were false in that all of the plumbing, electrical and eonstruc

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tion work had been done in an illegal manner and without inspection or permits as required by law, the ground floor unit known as the garden apartment could not be legally used or rented as a residential unit, and said plumbing and electricity were not installed in a good and workmanlike manner; that appellant knew that these representations were false but withheld such knowledge from respondent; that respondent believed such representations to be true and relied thereon; that, but for said representations, respondent would not have purchased the property.

Appellants contend that the evidence is insufficient to support these findings. First, they say that respondent had had previous experience in business and real estate transactions, that she lived next door to the property and had watched appellant as he was doing the remodeling work, and that she had consulted with her own real estate broker before the sale. Therefore, appellants contend, respondent did not rely upon and was not induced by any representations made by them. This contention is without merit. There is no showing that respondent had any technical knowledge which would have enabled her to make an inspection of the property which would have revealed the structural, electrical and plumbing defects. (See