McCue

The plaintiffs, respondents herein, are three married couples, viz., McCue, Heuser and Green; respectively entered into a written contract with the defendant, appellant herein, a sub divider and builder, by which each agreed to purchase from the defendant a lot together with improvements constructed thereon, or to be constructed thereon, by the latter; and brought this action to recover damages on account of fraud and breach of warranty arising out of these transactions. In their complaint setting forth separate causes of action by each couple, the plaintiffs allege that they entered into the foregoing contracts in reliance upon false representations by the defendant that the dwellings upon the property they agreed to purchase were con neeted with a city sewer, whereas, in truth, each dwelling was connected with a septic tank and leach line located upon the same property as the dwelling; also that the defendant made other false representations respecting the manner of construction and quality of materials used in the improvements upon their respective lots; and that “by reason of the falsity of the representations” so made, each lot was not worth the price paid for it, “said…