Benner

Since the submission of this cause Freda H. Benner, one of the plaintiffs, has died and Anson Bilger, as administrator of the estate of said Freda H. Benner, deceased, has been substituted as a party to this action.

W. H. Hooper, one of the defendants in this action, built a house for his wife, Dorothy G. Hooper, also a defendant in this action. The house was built on a lot purchased by Mrs. Hooper and it was intended for her own use and occupation. The house was built on filled in land over a creek-bed. Mrs. Hooper told her husband to put up a sign and try to sell it. Mr. and Mrs. Benner, the plaintiffs, visited the place. Mr. Hooper was there and asked them if they were looking for a home and they told him yes; that the place looked nice and high and that they did not desire to buy a home over a creek. Mr. Hooper replied that he did not blame them that he would not either. Mr. and Mrs. Benner bought the house and received a deed from Dorothy G. Hooper and W. H. Hooper. Mrs. Hooper received the purchase price. The purchase was made July 15, 1926. The house was damaged by settling and sinking.

This action was brought to recover damages sustained by reason of fraudulent…