Hugill

Appeal from judgment for plaintiff in an action to rescind the purchase of ten acres of land upon the ground of fraud and misrepresentation and to recover the purchase price of $1,000 paid therefor. The several contentions made by appellants involve only questions primarily for the trial court, and as, in our opinion, the evidence warrants no conclusion other than that reached by said court and amply supports the findings and judgment, our consideration of the case compels a resolution of all of said questions in favor of respondent.

Briefly, the facts, as shown and found, are: In 1919 defendant A. M. Keene sold plaintiff said property after , she had been led to believe by false representations that it was of the character of land theretofore exhibited to her, located in an oil-producing field, and that it was situated in or near said oil field. Said defendant, in executing and recording the conveyance to plaintiff, knew that the property was located at least five miles from the land shown to her; that it was not oil producing, and that within two and one-half miles thereof no oil had ever been discovered or exploration for oil development made. In 1922 said defendant paid…