Zeller

Plaintiff appeals from a judgment “on the pleadings” in favor of defendants.

The suit purported to be for the rescission of a contract wherein an accounting was prayed as auxiliary relief.

The main controversy between the appellant and the respondents appears to be regarding two points, namely:

The complaint filed in the action contains allegations in substance that plaintiff and defendant E. G-. Norton were the owners (subject to a mortgage of approximately forty-eight thousand dollars) of a certain hotel property which, by arrangement between them, Norton was managing, and upon its sale was to share in the profits derived therefrom. It is alleged that said Norton and defendants J. R. and J. L. Milligan entered into a conspiracy for the purpose of defrauding plaintiff of the value of her interest in the equity of said property, to which end said Norton made to plaintiff certain false representations regarding the losses which said Norton stated were being sustained through the operation of the hotel and which losses required an immediate sale of the property in order that anything of value might be saved to plaintiff and said Norton; that by reason of such false…