Ferguson

The plaintiffs commenced an action against the defendants to recover damages for alleged deceit. The defendants appeared and demurred, the demurrer was sustained, and, the plaintiffs declining and neglecting to amend, judgment was entered in favor of the defendants. The plaintiffs have appealed under section 953a of the Code of Civil Procedure.

In their complaint the plaintiffs allege that O. N. Miller, the husband, signed an agreement to exchange lands and they set forth the agreement; that Margaret Miller, the wife, later signed a paper agreeing to the terms of the paper signed by her husband; that the lands of the plaintiffs are located in Imperial County and that the other lands are located at Venice, in Los Angeles County; that the defendants represented that the latter properties were worth thirty-five thousand dollars; that said representations were false; that defendants represented that said lands were owned by J. E. Combs, and so read the written paper to O. N. Miller; that Margaret Miller learned that said lands were owned by Ira N. Combs; that 0. N. Miller had had confidential relations with the defendants Delozier and Colvin, and therefore acted on their…