Reiniger

Action for rescission of a contract. The facts show that on the fourteenth day of July 1923, plaintiff and defendant entered into an agreement whereby defendant agreed to sell and plaintiff agreed to buy an interest in a certain oil and gas lease. The complaint charged that defendant made false and fraudulent representations concerning the acreage of the land covered by the lease, and its location with reference to certain producing wells. The trial court found, upon sufficient evidence, that all of the representations made by defendant were false and untrue and were so made for the purpose of inducing plaintiff to enter into the agreement. The court further found that 'on October 10, 1923, plaintiff gave notice of rescission and demanded the return of the money she had paid. Judgment' was accordingly rendered against defendant for the sum of $4,640, principal and interest, and from this judgment defendant appeals.

The first point urged for a reversal is that the evidence is insufficient to show or justify the court in deciding in effect that plaintiff rescinded promptly upon the discovery of the alleged fraud, for the reason that the evidence shows without conflict that…