Brown

Appellant, Sierra National Bank, commenced this action against respondents, Harold Brown and his wife Florence C. Brown, for money due on a promissory note. The Browns cross-complained, alleging fraud and claiming damages for mental distress. The trial resulted in a jury verdict in favor of the Browns on the cross-complaint and impliedly against appellant on its complaint. The appeal is from the judgment.

Kenneth Hudson was a vice-president of the Sierra National Bank and the manager of its Sebastopol branch. One afternoon in the middle of January 1966, Hudson and a Max Gurth went out to' the Browns’ farm. They found Mr. Brown and his sons out in the field. Hudson introduced himself as president of the bank and Gurth as president of the Washington Wholesale Brokers. Hudson indicated Gurth might be able to get the Browns a “good deal” on a mobile home.' It was decided there should be a second meeting, because Mrs. Brown, who handled most of the family business matters, was then in the hospital.

One evening at the end of January, or the first part of February 1966, Hudson and Gurth returned to the Browns’ home. Hudson was again introduced as president of the bank and…