Armstrong

This appeal is presented on the judgment-roll alone. The action was brought to recover damages for deceit alleged to have been practiced by the defendants, whereby they induced plaintiffs to accept certain real property in San Bernardino County in exchange for other property owned by the plaintiffs in Los Angeles County. The complaint, without stating the value of any of the property involved in the transaction, alleged that the defendants represented that the quantity of land conveyed by them to the plaintiffs amounted to 55 acres, of which 35 acres were in bearing navel orange trees and 10 acres were in bearing Valencia orange trees; whereas in fact the quantity of land conveyed was only 44.59 acres, of which only 24%. acres were planted to navel oranges and only 9% acres were planted to Valencia oranges, and that there were no other orange trees on said land. The complaint then alleged that if the land and orange grove had existed in accordance with said representations “it would have been of the value of $20,000 more than it then was worth or is now worth, to plaintiffs’ damage in the sum of $20,000.”

The findings of fact declare that said representations were made as above…