Scott

Plaintiff has appealed from an order denying her motion for a new trial made after judgment rendered in favor of defendant. The record presented consists of the judgment-roll and a statement of the evidence.

For a cause of action, plaintiff alleged in her complaint that defendant, in April, 1905, induced her to purchase six thousand shares of the capital stock of a mining corporation at the price of twenty-five cents per share, representing to her that the company owned valuable mining.property in Mexico; that defendant agreed that he would repurchase the stock “within twelve months thereafter” at the price of thirty cents per share; that the representations made by defendant as to the character and value of the mining property were false and untrue and made for the purpose of defrauding plaintiff; that the shares of stock purchased were of no value. It was further alleged that defendant had not repurchased the stock, and that prior to the commencement of the action plaintiff had demanded that he pay her the amount of thirty cents per share therefor as agreed.

We need not consider whether a cause of action for damages, arising out of the alleged false representations made by…