Barnum

This is an action for damages for false and fraudulent representations hy which plaintiff was" induced to purchase a certain hotel property situated at Point Tiburón, in Marin County, alleged to consist of a hotel building and furniture and an eleven-year lease of the land on which the same was situated. The plaintiff had a verdict and judgment for $1,450. Both defendants appeal from the judgment. The defendant McLeod also appeals from an order denying him a new trial.

The false and fraudulent representations complained of related to the character and profits of the hotel business carried on in the building purchased, to the character and value of the furniture, and to the value of the good-will of said business. The complaint also alleged that defendants falsely represented “that they had and were authorized to sell” said property, “and that said defendants could and would furnish a -good and perfect title to said hotel business, hotel furniture, and property aforesaid to a purchaser thereof,” and that these representations were false, “and said defendants were not able and did not furnish to said plaintiff a good or perfect or any title to said property.” The complaint…