Fay

This is an action to recover damages for alleged fraudulent acts and misrepresentations in connection with the sale of the Hershey Arms Hotel and its equipment in Los Angeles by the defendant to the plaintiff. The complaint is in two counts which, while in the main identical, present somewhat different phases of the same transaction. The answer denies specifically all of the allegations of the complaint which refer to any fraudulent acts or misrepresentations on the part of the defendant. The ease was tried before a jury, occupying several weeks, at the conclusion of which the jury rendered its verdict in the plaintiff’s favor for the sum of twenty-two thousand dollars damages, for which judgment was accordingly entered by the court. The defendant’s motion for a new trial was denied, whereupon she has taken and presents this appeal. The transaction out of which this action arose may be briefly stated as follows: On May 6, 1913, the defendant gave to the plaintiff a written option to purchase all of the right, title, and interest of the defendant in the lease of the premises occupied by the Hershey Arms Hotel, together with the goodwill of its business and all of the furniture and…