Tackett

Defendants appeal from a judgment imposing liability for negligent misrepresentations following a non jury trial.

Plaintiffs Marvin F. Tackett (Tackett) and Elizabeth S. Tackett were owners of a motel property encumbered by trust deeds. They advertised it for sale or exchange. About the same time, one Lohr furnished to defendant Croonquist, a licensed real estate broker, the description of 73 acres of unimproved land that Lohr owned and wished to sell or exchange, on which he placed a value of $1,000 per acre. Defendant Carter was a licensed real estate salesman working out of Croonquist’s office, who was asked by the broker to look at the acreage, which was shown to him by Lohr. Lohr and Carter both had seen plaintiffs’ advertisement and Lohr, after seeing the advertisement, looked at the motel. Carter inquired of Tackett by telephone if the latter might be interested in an exchange for the acreage. An appointment was made, following which Carter showed Tackett what Carter believed was the northeast comer of a 40-aere parcel included in the total of 73 acres; the true corner of the 40-aere parcel was in fact almost 1,320 feet south and some distance east of the monument pointed…