Maggini v. McBain

NOURSE, J.

This is an appeal from a judgment in favor of the defendants in an action based upon fraud. The complaint contains two causes of action, one for rescission and the second for damages; but the second cause was abandoned and plaintiff elected to rely solely upon her claim for rescission. The controversy arises out of the sale of certain real property in the county of Santa Clara, and the basis of the action is that defendants, as owners, induced the plaintiff to purchase the property through two material misrepresentations of fact—one in regard to the acreage planted

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to trees and the other in regard to the previous production of the property. The trial court found that all the allegations of paragraphs III, IV, and V of plaintiff’s complaint were untrue. These allegations covered the making of the false representations, the falsity of the representations made, the intent to deceive, and the reliance of plaintiff upon the representations. On these findings judgment was entered in favor of the defendants and plaintiff appeals.

The sole ground urged for the reversal of the judgment is that the evidence is insufficient to support the findings hereinbefore referred to. In support of the judgment respondent quotes at length from the evidence upon which the trial court based its findings. Under the well-known rule, if we find that there is any evidence in the record to support any one of the findings which in turn was sufficient to support the judgment, it is our duty to affirm the action of the trial court. On this basis we may direct our attention to the finding that the appellant did not rely upon the alleged misrepresentations and that she did not believe them to be true, but that she did rely upon the representation of her own servants and her own agents and went upon and inspected the land herself and investigated the truth of all representations or statements made in regard to the same. In support of this finding the evidence is that the appellant did not talk with the owners personally, but that she formed her judgment as to the value of the property and made her determination to complete the purchase upon representations of her own agents and what she saw herself when she visited the property; that prior to the sale she went with her agents for a personal inspection of the property and walked among the trees and took a general view of the entire property. It also appeared that the only portion of the land which was planted to trees was west of or below the public road running through the property and that the land east or above the road was used entirely for pasture. It further appeared that a portion of the land west of the road was entirely bare and that this could be easily seen upon a casual inspection of the property. Evidence was then offered to show that the portion of the land west of or below the road consisted of fifty-five acres only and that there was no misrepresentation as to this fact. Seven or eight acres of the land below the road were not planted, and