Ryan

This is an appeal taken by defendant from a judgment entered against her in the sum of $57,483.21 which the court found to be due plaintiffs as the net result of a transaction in which plaintiffs traded their ranch in Modoc County with certain personal property thereon for the Lady Ann Apartments and furniture therein located on South Rampart Boulevard, Los Angeles, property of the defendant.

Two actions were filed simultaneously by plaintiffs, husband and wife, the first claiming damages for deceit, the second damages under a warranty that furniture and other personal property in the apartment house were unencumbered. Defendant answered the allegations of the first complaint under the number properly belonging to the second and vice versa as to the second complaint. In answering the first complaint, defendant set up a counterclaim charging fraud by plaintiffs and damages resulting therefrom. The actions were consolidated for trial, the court took a broad and general survey of the entire transaction and reached the result noted above by finding that, by reason of fraud practiced upon plaintiffs they were damaged in the sum of $64,000, but because of failure of plaintiffs to pay…