Maxon-Nowlin Co. v. Norswing

SLOSS J.

This action was brought to recover damages for alleged fraudulent misrepresentations in connection with a transfer of real property.

The complaint alleges that on May 29, 1911, the plaintiff was the owner of a tract of land in Orange County, and the defendant was the owner- of a parcel of land, fronting on Main Street and Slauson Avenue in the city of Los Angeles. On said day, it is alleged, and prior thereto, the defendant represented to plaintiff that the said parcel had a frontage on Main Street of 398 feet and a depth on Slauson Avenue of 661 feet. The plaintiff fully believed said representations and acted wholly upon them. Relying on their truth the plaintiff, on the twenty-ninth day of May, 1911, entered into an agreement with the defendant for the exchange of said properties, and such exchange was consummated by the delivery of deeds from and to the parties respectively. The complaint alleges, further, that the said representations were false, in that the frontage of the property conveyed by defendant was only 378 feet on Main Street, and its depth on Slauson Avenue was no more than 591.75 feet. The defendant at all times knew of the falsity of his representations, but plaintiff did not discover the facts in this regard until long

[511]

after the deeds had passed between the parties. The area of the parcel conveyed was .904 acres less than that of a parcel having the dimensions represented, and its value was and is $7,468.68 less than the value the parcel would have had if it had been of the size represented. The defendant refusing to convey the deficiency, the plaintiff asks judgment that he be compelled to so convey, or, in default thereof, that plaintiff have judgment for $7,468.68.

The answer denies making the alleged representations, and denies that plaintiff believed them to be true or acted or relied upon them. There are other issues raised, but there will be no occasion to refer to any except those which we have just mentioned.

The court made findings, upon which it entered judgment in favor of the defendant. The plaintiff appeals from the judgment and from an order denying its motion for a new trial.

Among other things, the court found that plaintiff did not believe the alleged representations; that it did not enter into the contract relying upon their truth, and, further, that it is not true that plaintiff did not know, until long after the delivery of the deeds, that the lands conveyed by defendant to plaintiff were of dimensions less than those represented. “On the contrary,” it was found “that before any contract was entered into or deeds made, the defendant delivered to plaintiff or its representatives, a map showing the correct measurements of said property.”