Snook

Snook v. Fielden

Good Law
1918 Cal. App. LEXIS 110·38 Cal. App. 75·175 P. 480
Court of Appeal of CaliforniaAugust 19, 1918Civ. No. 2522.California444 words

Opinion

Lead Opinion

Lennon, J.

The plaintiffs brought this action to foreclose a chattel mortgage executed by defendant as security for the payment of a promissory note given by her as first payment upon a contract for the purchase of thirty acres of land situated in Fresno County, belonging to the Fresno Farms Company, the assignor of plaintiffs. The foreclosure was resisted by the defendant, who set up in her answer that the contract in connection with which the mortgage was given was entered into by her only through and by means of the false representations of the plaintiff’s agents. After trial the court awarded plaintiffs judgment as prayed, and defendant appeals.

The sole ground urged in support of the appeal is that certain findings of the court negativing the claims of defendant as to the falsity of the representations in question are not supported by the evidence.

The representations alleged to be false by defendant’s answer were that the land forming the subject of the contract was free from hard-pan; that water in abundance was to be had upon it at all times under a water right appurtenant to the land; that the land was well adapted to the growing of vines, trees, and alfalfa, and that it was of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.