Ruhl

These appeals are by defendant from the j ndgment and from the order denying his motion for a new trial.

1. The plaintiff by his action sought to enforce a rescission of an executed contract for the purchase and sale of agricultural lands in which he was the vendee. His right to relief is based upon: 1. Alleged false representations as to character and quality of the land, the depth of soil and the income derived from it; 2. A breach and abuse of confidential relations existing between the parties; 3. Promises made by defendant to plaintiff for the purpose of inducing him to enter into the contract, which promises at the time when they were made were not intended by defendant to be performed; 4. Weakness of mind of plaintiff, induced by sickness and intoxication, of which defendant took advantage; 5. Artifice and deceit by which defendant prevented plaintiff from making an independent examination of the property.

*671 Defendant demurred to the sufficiency of the complaint, which demurrer was overruled. He then pleaded in answer, denying all the allegations of fraud, denying the confidential relations and the breach thereof, and pleading affirmatively that after knowledge upon…