Gammon

Gammon v. Ealey & Thompson

Good Law
1929 Cal. App. LEXIS 788·97 Cal. App. 452·275 P. 1005
Court of Appeal of CaliforniaMarch 11, 1929Docket No. 3677.California2,816 words

Opinion

Lead Opinion

Jamison, J.

This is an action for damages arising from an exchange of real estate, respondents claiming that appellants were their agents in the transaction, and had made false representations to them to induce them to make the exchange. The facts are as follows:

Gammon testified that appellant Ealey took him to the land, but that he made no particular examination of it further than to get a general idea of its location; that while he had theretofore engaged in farming, he knew nothing about the character .of the land or soil in the neighborhood of the Connetto land; that the Connetto land had been recently plowed-. He also gave testimony that his eyesight was not good, that upon this visit to the land he saw something he thought might be alkali, but that Ealey informed him that what he saw was gypsum, that Ealey represented to him that the Connetto land contained only a small amount of alkali, but not enough to injure or damage crops growing thereon, that gyp com and black-eyed beans would be good crops to plant on the Connetto land, and that these crops did well on land in that vicinity, similar land producing seventeen sacks of beans to the acre; that appellants could within a reasonable…

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