Price

An appeal was taken in both of the above-entitled causes upon the same record, and it is stipulated, in substance, that they embody the same pleadings, facts and questions of law, and that “the judgment or order of the supreme court in said ease of Price v. Spencer shall be the judgment and order made in the case of Layson v. Spencer,” etc. Under this stipulation, we shall omit all further mention herein of the case of Layson v. Spencer, and confine ourselves to the case of Fannie Price v. L. A. Spencer, subject only to a final disposition of the two cases. The complaint charges in substance:

(1) That in April and May, 1893, defendant undertook, as the agent of plaintiff, to purchase for her some shares of the capital stock of the Fresno Loan and Savings Bank, a corporation. (2) Defendant was an officer, to wit, teller, in said bank, and well knew the value of the stock thereof, but the value thereof was unknown to plaintiff. (3) To induce plaintiff to purchase said stock, defendant falsely represented to plaintiff that the stock was worth from $129 to $130 per share, and was paying, and would pay, semiannual dividends of $6 per share. That defendant professed to know an old man…