Bradley

This is one of a brood of like cases based upon alleged false and fraudulent representations made by defendants and their selling agents, by means whereof certain parties, including plaintiffs, in reliance thereon were induced to purchase arid lands in Beaver County, Utah, and shares of stock in an irrigation company which evidenced the right to water for use thereon. This action, instituted upon notice of rescission served upon defendants, is to recover a sum of money paid by plaintiffs in the purchase of eighty acres of such land located in what was known as the Milford project in said state, and to cancel a promissory note and mortgage securing payment of the same, executed by plaintiffs in the purchase of the water stock.

Upon trial the court found the issues in favor of plaintiffs and entered judgment in accordance therewith, from which defendant Delta Land and Water Company has appealed.

Appellant’s chief contention is that the findings are not justified by the evidence.

The facts upon which the action is based are in substance identical with those involved in the case of Scott v. Delta Land & Water Co., ante, p. 320 [ 207 Pac. 389 ], the judgment in which was, in an…