Fowler

This action was brought to rescind a contract of purchase and sale of a certain fruit ranch of about fifty-three acres, situated in Ventura county, together with fifty-five shares of water stock, and to compel defendant to give up for cancellation a note and mortgage for $12,000, given to secure the balance due under said contract, and to recover $3,000 and interest paid on said contract, and also the further sum of $3,000 and interest for the value of a dwelling built on said ranch by plaintiffs. The complaint alleges that plaintiff was induced to enter into the contract by the fraudulent representations of defendant. The defendant denied the fraud, set up the mortgage and note in a cross-complaint, and on a trial before the court without a jury had judgment in his favor on the issue of fraud, and also foreclosing the mortgage. From this judgment and from an order denying a new trial the plaintiffs appeal.

Laura Fowler and her husband and coplaintiff resided in Chicago, Illinois, and in July, 1898, they met the defendant Came, who resided in Ojai Valley, Ventura county, California. Neither of plaintiffs knew anything about fruit farms or fruit farming in Ventura county, but they…