Sourisseau

The plaintiff and defendant entered into an agreement of exchange whereby the plaintiff agreed to convey to the defendant a contract of purchase of a lot at Clearwater, California, and deliver to defendant a promissory note executed by himself and his wife, Mae Sourisseau, in the sum of $600, and in return to receive title to twelve lots in El Centro, Imperial County, California. Soon after the exchange was perfected the plaintiff attempted to rescind the contract on the ground of misrepresentations claimed by him to have been made by respondent, consisting of statements that the El Centro lots were worth from $150 to $200 each. He files his action based upon similar allegations of fraudulent representations to cancel the note and recover back the Clearwater lot. Defendant answered and filed a cross-complaint upon the promissory note. The trial court denied plaintiff any relief, but awarded the defendant and cross-complainant judgment for the face of the note, interest, costs and attorneys’ fees. This appeal is from the judgment so entered.

The court found that the respondent “made no false or fraudulent representation of any kind or character whatsoever to the plaintiff…