Muraco

Plaintiff had judgment for the sum of $500, from which judgment the defendant appeals and assigns three grounds for reversal, to wit: That the court erred in overruling the defendant’s demurrer to the plaintiff’s complaint; that the evidence is insufficient to support the findings, and that the findings do not support the judgment.

The complaint alleges that on or about the nineteenth day of February, 1923, the defendant was the owner of a certain shoe-repairing business in the city of Visalia; that the defendant, for the purpose of inducing the plaintiff to purchase said shoe-repairing business and the machinery connected therewith, falsely and fraudulently represented to the plaintiff that the weekly income of said business had for a long time prior to said date been not less than the sum of $200 per week and that said business was worth the sum of $3,000; that if the plaintiff would purchase said, business the defendant would convey to the, plaintiff said business and the goodwill- thereof and would not reenter the shoe-repairing business in the city of Visalia while the plaintiff continued to operate said shoe-repairing shop and conduct said business. It is…