Nicholson

Action to recover damages for fraud in the exchange of certain parcels of real property.

Plaintiff and appellant alleged that she was the owner of certain flats located on Leavenworth Street in San Francisco which she agreed to exchange for an apartment house located on Sacramento Street in the same city upon the following terms: Said flats to go in at a valuation of $16,000, subject to a mortgage of $2,000, the net value being $14,000; the apartment house valued at $22,500 was subject to a mortgage of $11,000, the net value being $11,500; defendant Yeghte to pay to plaintiff $2,500 in cash, and plaintiff to pay the broker who negotiated the exchange the sum of $650 for his services. Plaintiff charged that she was induced to enter into the agreement of exchange by fraudulent misrepresentations as to the value of the apartment house, its income, the amount of taxes to which, it was subject, and the character of the mortgage with which it was impressed. She prayed for damages in the sum of $7,500.

The lower court found in favor of defendants upon all the issues and rendered judgment in their favor. Plaintiff relies for reversal of the judgment on the ground that there is no…