Lloyd

This action was brought to recover judgment for the cancellation of certain promissory notes made by plaintiff to defendant Kehl, and for the delivery by said defendant to plaintiff of certain shares of stock given to secure said notes, and for damages for certain alleged wrongs. The action is founded on alleged false representations made to plaintiff by defendant Kehl as to certain water rights sold to the latter by the former, the sale being the consideration of the notes.. The answer denies the material averments of the complaint; and in a cross-complaint Kehl prays judgment against plaintiff for the amount due on the notes. The court below granted a nonsuit, and instructed the jury to find a verdict for defendant for the amount of the notes, and judgment was entered accordingly. Plaintiff appeals from the judgment and from an order of the court denying a new trial. The above rulings were upon the ground that the misrepresentations relied on were of mere matters of opinion, and not of facts,— were mere speculations as to what might be developed in the future, as to which the means of knowledge were open to the plaintiff. If the court was right in these views, the nonsuit and…