Jarvis

This action went to trial upon the allegations of a second cause of action of a complaint wherein damages were alleged to have resulted from fraudulent representations of appellants concerning the condition of the title to real property in Riverside County, sold to respondents. Judgment was rendered in favor of respondents, from which this appeal is taken.

Appellants were the owners of lots 122 to 127, inclusive, in block 7 of the Kadota Fig Groves in Riverside County. The deed contained the following recitals: “Subject to second installment of taxes for fiscal year 1928-29. Usual rights of way, covenants and restrictions as now of record.” At the time of the sale there was a way across the property which had been in use for many years and was finally determined to be an easement. The existence of this way as an easement furnished the basis for the recovery of damages by respondents.

The evidence discloses that the respondents possessed little education, were without experience in the purchase of farming lands, had no independent advice in the purchase of the property, and relied upon the representations made by appellants in the course of the negotiations concern ing the road…