Wehner

This is an appeal by the defendant from a judgment for $26,666 against him in an action brought by his brother Fred W. Wehner, to recover damages for alleged fraudulent representations made to him by the defendant and alleged to have induced the sale of plaintiff’s interest in certain real property to the defendant at a sum greatly below its actual value.

A very earnest contention is made by appellant, supported by able briefs and a painstaking oral analysis of the record, that the evidence does not support the verdict; that there is nothing upon which to base the implied findings of the jury.

As previously stated, plaintiff and defendant are brothers. On July 14, 1919, they purchased, jointly, the Lomas Azules Vineyard, containing 335' acres, situated in the county of Santa Cruz, California. From that date until July 5, 1920, they held and operated this property as co-owners and co-partners, and on July 5, 1920, the defendant purchased the interest of the plaintiff in the partnership property. Prior to the date of said purchase, on June 26, 1920, the parties entered into the following agreement:

It was pursuant to the foregoing contract that the purchase and sale of…