Miller v. St. Andre

SCHOTTKY, J. Clara B. Miller appeals from an adverse judgment in an action brought by her to set aside a sale of real property on the ground of fraudulent misrepresentation by the buyers, John G. St. Andre, and his wife, Garnet L. St. Andre, or alternatively on the ground that there was a mutual mistake of fact.

The record shows that the land in controversy lies in El Dorado County near Folsom Lake. It is in steep, rolling-hills country. Because of the terrain the actual acreage would be [260]difficult to ascertain without a survey. The plot in question was part of a farm on which Mrs. Miller resided from 1912 to 1954. Part of the property which constituted the farm was taken by the federal government in connection with the construction of Folsom Dam. The property sold to the St. Andres is bounded on the north by the “take line of Folsom Lake,” and on the west by “Old Salmon Falls Road,” on the southeast by the “New Salmon Falls Road,” and on the south by a boundary connecting the two roads. Mrs. Miller had" traversed both roads. From the intersection of the two roads most of the property was visible.

In January, 1956, Mr. St. Andre became interested in purchasing property near Folsom Lake. He met Don Miller, appellant’s son, who told St. Andre, after an inquiry, that his mother had some land she would sell. Don Miller pointed out the boundaries of the land in question to Mr. St. Andre, who then called on Mrs. Miller. St. Andre testified that Mrs. Miller told him that she might sell the property for $5,000. At a second meeting between the parties it was agreed that the land would be sold for $5,000. At this meeting Mr. St. Andre received a receipt which read, “Payment on five acres of land at Salmon Falls.” Mr. St. Andre testified that it was at his suggestion that some acreage be shown, and “so they said, ‘We’ll put five acres more or less; that will be sufficient.’ ” The deed to the property describes the property sold as being all that portion of the fractional west half of the northwest quarter of Section 1, Township 10 North, Range "8 East, M.D.B. and M., lying east of the center line of the Old Salmon Falls Road and north of the New Salmon Falls Road-Pilot Hill Road. The escrow was closed sometime after January 27, 1956. Prior to the time the escrow was completed Mr. St. Andre had been informed that there was as much as 7 or 8 acres in the plot. Later in 1956, after a survey was" made, Mrs. Miller learned that the land sold actually contained 10.566 acres. She then brought this action for rescission based on fraud and alternatively on mutual mistake. A pretrial conference was held. The pretrial order issued in the case read, in part, that the remaining issues in dispute were: