Armstrong v. Rau

CONREY, P. J.

This appeal is presented on the judgment-roll alone. The action was brought to recover damages for deceit alleged to have been practiced by the defendants, whereby they induced plaintiffs to accept certain real property in San Bernardino County in exchange for other property owned by the plaintiffs in Los Angeles County. The complaint, without stating the value of any of the property involved in the transaction, alleged that the defendants represented that the quantity of land conveyed by them to the plaintiffs amounted to 55 acres, of which 35 acres were in bearing navel orange trees and 10 acres were in bearing Valencia orange trees; whereas in fact the quantity of land conveyed was only 44.59 acres, of which only 24%. acres were planted to navel oranges and only 9% acres were planted to Valencia oranges, and that there were no other orange trees on said land. The complaint then alleged that if the land and orange grove had existed in accordance with said representations “it would have been of the value of $20,000 more than it then was worth or is now worth, to plaintiffs’ damage in the sum of $20,000.”

The findings of fact declare that said representations were made as above stated; whereas in fact the acreage of the tract was only 44.59, of which less than 25 acres were planted to navel oranges and less than 8 acres were planted to

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Valencia oranges, and that there were no other orange trees on said land.

The answer, besides denying that defendants made the alleged statements, alleged facts showing certain visits made by the plaintiffs to the land in San Bernardino County and certain investigations made by them, and denied that the plaintiffs, or either of them, relied solely or at all upon the alleged or any representations or statements of the defendants. The findings, after referring to certain visits which the plaintiffs had made to said land, state: “That it is not true that the plaintiffs or either of them made inquiry or personal investigation of said ranch except said visits, or inquired of friends or acquaintances as to the advisability of purchasing said ranch or as to the method or manner of ascertaining the size of acreage of orange ranch. And

that it is true