Wildey

This is an appeal from a judgment in favor of defendant and against the plaintiff.

Plaintiff brought the action for damages alleged to have been sustained by her due to certain alleged fraudulent representations of the defendant in the exchange of lot 27, tract 3357, referred to at the trial as the Seaver lot, which lot and other real estate and cash were exchanged for certain property belonging to plaintiff. It was alleged in the complaint and found by the trial court that at the time of the exchange and prior thereto the defendant represented to the plaintiff, that said lot contained an area of three acres, by erecting and maintaining on said lot two signs which stated, “This beautiful 3 acres for sale” and “For sale this beautiful 3 acres”, respectively, and otherwise representing to plaintiff that the area of said lot was three acres with a variation of 1/16 more or less. The court also found that said representations were not true and that the area of said lot was not in excess of 2.379 acres; that said representations were believed by the defendant and his agent ' to be true but were made in a manner not warranted or justified by their information, and that'they were not…