Harvey

On July 8, 1887, the plaintiff and defendants entered into an agreement in writing, wdiereby the plaintiff agreed to sell to defendants a certain tract of land situate in the town site, or projected town, of Whittier, in the county of Los Angeles, for the sum of eight thousand dollars, three thousand dollars of which had been paid before the commencement of this action. For the residue (five thousand dollars) the defendants made their promissory note of even date.with the con *559 tract, payable on or before June 7, 1888, with interest at ten per cent per month, to be compounded semiannually.

This action was brought to recover the amount due on the note, and to foreclose the vendor's lien upon the the land.

The defense is, that the defendants were induced to purchase the land by false and fraudulent representations of the plaintiff, to the damage of the defendants. The court found that plaintiff made the representations charged, and that the greater portion of them were false and fraudulent, to the damage of defendants in the sum of $3,000, and deducted this sum from the note, and rendered judgment for the plaintiff for the residue and interest, amounting to $2,595.

The…