Hedden

This action was filed August 30, 1922, to rescind for fraud the same agreement of exchange of real estate involved in Waldeck v. Hedden, ante, p. 485 [ 265 Pac. 340 ], case No. 6129. Both actions were filed on the same day. By stipulation these two actions with a third one, No. 6130, Hedden v. Waldeck, ante, p. 494 [ 265 Pac. 344 ], were tried at the same time upon the same evidence. Separate findings and judgments were given in each case. The court decided that the exchange should not be rescinded for fraud and gave judgment for defendant Waldeck. Plaintiff Hedden appeals.

Hedden agreed to exchange various lots and equities in Los Angeles for Waldeck’s stock ranch in Tulare County, June 5, 1922. The fraudulent representations were alleged to have been made by Waldeck and his daughter, who was acting as his agent and mentor in the deal. These representations relate to the character and features of the ranch and to its value. The evidence printed fails to substantiate the necessary elements of actionable false representations concerning the features and character of the ranch. Most, if not all, of this part of the alleged representations concerned things which were plainly visible…