Myers

The appeal herein is from a judgment for damages in an action for fraud. The action was tried by the court sitting without a jury. The complaint charges fraud. The transaction involves an exchange of real and personal property in Riverside County, California, for real and personal property in the county of Corson, South Dakota. There are a number of specifications of fraud pleaded in the complaint; first, as to the value of the land in South Dakota; second, that the defendants could then and there have sold the same for a greater sum than is alleged to have been fraudulently represented to be its value; third, conditions of the farm house and outbuildings; fourth, number of acres under cultivation, character of soil, as, being free from hard-pan, gumbo, adobe and stones, etc.; fifth, productivity of the soil; sixth, number of acres actually being cultivated and as to the number of acres capable of cultivation; also, that for the purpose of deceiving plaintiffs, defendants entered into a conspiracy with one Robert H. Jackson, cashier of the Security State Bank of McIntosh, South Dakota, to deceive and defraud plaintiffs by representing to them a false value of the said premises.…