Corlett

This is an action for damages for fraud perpetrated by defendant on plaintiffs in the sale of certain residence premises in the city of Berkeley. The jury returned a verdict for plaintiffs in the sum of $6,500 on which judgment was entered. Defendant appeals from the judgment.

On November 28, 1953, plaintiffs, who were in the market for a residence, looked at defendant’s premises. The premises consisted of a two-story house located on a steep hillside lot in the Berkeley hills. Plaintiffs spent several hours inspecting the house. There was considerable unevenness in the floors throughout the house extending down to the foundation. Mr. Gilbert, in discussing this condition with defendant, said that he was not particularly concerned with the existing condition but that he wanted to make sure that the condition would not worsen, and that he would therefore like to have an engineer inspect the property. Defendant replied that, anticipating that such a question might be raised, he had had an engineer, Mr. Piatt, make an inspection and report. Defendant there upon showed plaintiffs that report. The report dated November 6, 1953, stated that the house is in excellent condition, that the…