Messerall

Plaintiffs brought this action for damages and for the rescission of a contract to exchange certain real and personal property. Plaintiffs in their complaint alleged that they were induced by fraud and false representation on the part of the defendant Rubin to enter into and consummate an exchange of business and rental property owned by them in Ventura County for Rubin’s ranch and certain personal property situate in Siskiyou County.

Plaintiffs recovered judgment rescinding the contract and awarding them damages and costs. The defendant Rubin appeals.

The ranch, together with the livestock and equipment thereon, was owned by Rubin and was at the time of the exchange estimated to be of the value of $140,000. Plaintiffs’ properties were estimated to be of equal value.

The trial court found, among other facts, that Rubin for the purpose of inducing the plaintiffs to enter into and consummate the exchange agreement falsely, knowingly and fraudulently represented to plaintiffs that the ranch could and would, within its confines, pasture and support on a year-round basis 500 head of cows and calves; that there were not less than 400 acres under cultivation, not less than 240 acres…