Sannes

Judgment was entered below for the plaintiff, and defendant appealed. The cause of action alleged by plaintiff is one for damages for fraudulent representations made by defendant that he had the title to cer tain real property which he sold under contract to plaintiff. Plaintiff seeks to recover the purchase price, sums paid for taxes, and for moneys expended upon improvements attached to the land. Defendant’s answer, as to the material issues, is a general denial.

Appellant’s first assignment of error is that the court failed to make a finding of fact upon the issue as to the value of the improvements made by plaintiff on the property. Plaintiff alleges in his complaint that he has placed upon the land involved improvements of the reasonable value of $1300. The answer of defendant avers “defendants have no knowledge or belief, sufficient to enable them to reply to said allegations, or either of them, and basing their answer on that ground, deny the said allegations and each of them, both generally and specifically”. The court by its findings finds that plaintiff, in reliance upon defendant’s fraudulent representation as to title, placed upon the premises a three-room bungalow…