Harlow v. American Equitable Assurance Co.

FINCH, P. J.

This action was commenced June 30, 1924. The defendant’s demurrer to the complaint was sustained, and thereafter the plaintiff filed an amended complaint reading as follows:

“Amended Complaint for Damages.

“The plaintiff herein, by leave of court first had and obtained, files this amended complaint herein and as and for such amended complaint and for cause of action against said defendant, avers as follows:

“I.

“That the said defendant at all the times herein mentioned was, and now is, a corporation organized and existing under and by virtue of the laws of the state of New York and having a place of business in the city of Los Angeles, county of Los Angeles, state of California.

“II.

“That the plaintiff herein on or. about the 14th day of April, 1922, and for some time prior thereto, was the owner in fee of a certain piece of real property, together with all the improvements thereon, situate at Washington boulevard and Huron road, three-quarters (%) of a mile west of Palms, in the county of Los Angeles, state of California.

“III.

“That on or about the 8th day of November, 1921, in the city of Los Angeles, county of Los Angeles, state of California, the said defendant falsely and fraudulently represented to this plaintiff that in consideration of the sum of one hundred and fifty ($150.00). dollars the said defendant, in the event of destruction of said property by fire within a period of three years from said 8th day of November, 1921, would within ninety (90) days after such fir^, pay to this plaintiff all the damages and losses sustained by said plaintiff by reason of such fire not to exceed the sum of ten thousand ($10,000.00) dollars; that at the time the said defendant made said representations to this plaintiff, the said defendant had no intention to perform the same nor

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any part thereof; that the said representations were made by said defendant with the intent to deceive and defraud this plaintiff and to induce this plaintiff to pay the said defendant the said sum of one hundred and fifty ($150.00) dollars; that this plaintiff fully believing that said representations were true and relying upon said representations as protecting this plaintiff against loss by fire in the sum of ten thousand ($10,000.00) dollars for the period of three years from said 8th day of November, 1921, was induced thereby to pay to the defendant on the said 8th day of November, 1921, in the city and county of Los Angeles, state of California, the said sum of one hundred and' fifty ($150.00) dollars.