Maggini

This is an appeal from a judgment in favor of the defendants in an action based upon fraud. The complaint contains two causes of action, one for rescission and the second for damages; but the second cause was abandoned and plaintiff elected to rely solely upon her claim for rescission. The controversy arises out of the sale of certain real property in the county of Santa Clara, and the basis of the action is that defendants, as owners, induced the plaintiff to purchase the property through two material misrepresentations of fact—one in regard to the acreage planted to trees and the other in regard to the previous production of the property. The trial court found that all the allegations of paragraphs III, IV, and V of plaintiff’s complaint were untrue. These allegations covered the making of the false representations, the falsity of the representations made, the intent to deceive, and the reliance of plaintiff upon the representations. On these findings judgment was entered in favor of the defendants and plaintiff appeals.

The sole ground urged for the reversal of the judgment is that the evidence is insufficient to support the findings hereinbefore referred to. In support of the…