Miller v. St. Andre

Clara B. Miller appeals from an adverse judgment in an action brought by her to set aside a sale of real property on the ground of fraudulent misrepresentation by the buyers, John G. St. Andre, and his wife, Garnet L. St. Andre, or alternatively on the ground that there was a mutual mistake of fact.

The record shows that the land in controversy lies in El Dorado County near Folsom Lake. It is in steep, rolling-hills country. Because of the terrain the actual acreage would be *260 difficult to ascertain without a survey. The plot in question was part of a farm on which Mrs. Miller resided from 1912 to 1954. Part of the property which constituted the farm was taken by the federal government in connection with the construction of Folsom Dam. The property sold to the St. Andres is bounded on the north by the “take line of Folsom Lake,” and on the west by “Old Salmon Falls Road,” on the southeast by the “New Salmon Falls Road,” and on the south by a boundary connecting the two roads. Mrs. Miller had" traversed both roads. From the intersection of the two roads most of the property was visible.

In January, 1956, Mr. St. Andre became interested in purchasing property near Folsom Lake.…