Warren

Plaintiffs brought an action to recover damages for fraud and misrepresentation in the purchase of real estate. The complaint alleges that plaintiffs J. F. Warren and Adelaide K. Warren, husband and wife, in December, 1927, entered into a written agreement for the purchase of certain land from the defendants; that they were induced to enter into said agreement through certain fraudulent representations of the defendants; that in February, 1928, the Warrens entered into an agreement with their coplaintiffs, William T. Morgan and Velma Morgan, husband and wife, whereby the latter agreed to purchase said land; that shortly prior to the contract of February, 1928, the Warrens referred the Morgans to defendants, who repeated to them the alleged misrepresentations previously made to the Warrens; and that the Morgans, believing and relying thereon, entered into said contract with the Warrens. The complaint then alleges that prior to the commencement of this action the Warrens and the Morgans entered into an agreement whereby each of said parties assigned to the other a one-half interest in and to any right of action that either of said parties had against the defendants. The trial court…