Ingalls

This appeal was placed upon the calendar of this court upon an order to show cause why the judgment herein should not be reversed, and the cause remanded to the trial court for a new trial or such other order made as might he meet in the premises. At the time of the entry of such order to show cause, it appeared that appellant’s brief had been filed herein, but that no brief on behalf of respondent had been filed; further, that the time for filing such brief had long since expired. Upon the call ing of such calendar, counsel for respondent appeared and consented that the judgment appealed from be reversed and a new trial ordered. We have examined the transcript and have noted the points raised by appellant in his brief. We observe that the complaint alleges that certain of the defendants induced the plaintiff through fraudulent representations to buy, under four separate executory agreements, four parcels of land for the aggregate price of $8,690, that a total of $3,490.70 was paid thereon, including the sum of $293.10, as interest; that no rescission is claimed to have been effected or attempted, but damages are claimed in the amount paid, namely, $3,490.70, payment of that sum…