Craig

This is an appeal from a judgment awarding $3,750 damages for false representations made by the agent of defendant upon the sale of a thirty-acre walnut grove. Mr. Craig died after the entry of judgment, and the executrix of his will has been substituted as plaintiff.

There is no dispute as to the representations made by the agent of defendant. It is alleged in the complaint, and the plaintiff testified at the trial, that he purchased the property believing and relying upon such representations, which were “That fifteen acres of the 'grove was planted to trees of the age of twelve years, and the remaining fifteen acres to trees of the age of eighteen years; that the gross income of the orchard would be from twelve to eighteen per cent upon thirty thousand dollars.” Prior to coming to California Mr. Craig had been for many years the assistant controller of the United States Steel Corporation. His business did not bring him in contact with outside people, and while he had made some investments in real estate he had always acted through the advice of an attorney. He arrived in Los Angeles from New York City in April, 1914. At that time he was sixty-two years of age, in poor health,…