Fog

Plaintiff-appellant, a citizen of California, brought this action against the defendant-appellee, a New York corporation, seeking to have set aside for fraud and deceit, a certain agreement which compromised and settled a claim against the corporation for commissions alleged to be due plaintiff on the sale and distribution of whiskey. The trial court after hearing the plaintiff’s evidence sustained a motion to dismiss and made findings and conclusions holding in substance that the defendant had not made misrepresentations or practiced fraud in the manner claimed by the plaintiff and that at the time that the agreement of settlement was made plaintiff knew all of the material facts concerning the subject matter of the contract and particularly the importation for sale of whiskey referred to in the agreement. The sole question for us is whether these findings are supported by the evidence.

The record shows that during the period in question the appellee was engaged in the business of importing and merchandizing liquors, with its principal office in New York City. It had a division or department which was located at other offices in New York and which was operated under the name…