Pastor
Pastor v. Younis
Opinion
Opinion
Shinn, J.
The appeal is by Rosemary Pastor who purchased a half interest in a hotel and sues for damages for fraud, for an injunction against the sale of the property under a purchase money trust deed, for reformation of the same and for general equitable relief. The appeal is on a clerk’s transcript. The complaint was in five causes of action.
The first cause of action alleged that defendants George and Virginia Younis owned the property; they represented to plaintiff that the reasonable value of the property was $114,000 and the value above the amount of the first trust deed of $87,000 was $32,000; the hotel business had outstanding unsecured indebtedness of $11,000; plaintiff’s investment would be made secure if title were placed in herself and George Younis and they would execute a second trust deed to Virginia, which would be assigned to creditors to secure $11,000; for tax purposes the note and trust deed should be for $93,775.52, payable at $550 per month, and that when the payments of principal amounted to $11,000 the lien of the trust deed would be released; Virginia quit-claimed her interest to George, and that plaintiff, being inexperienced in tax matters and having confidence…