Santos

This action to recover money obtained by fraud was tried before the court sitting without a jury. Plaintiff recovered a judgment, from which defendant has appealed.

The transactions in question took place in May 1959. The parties married on May 2, 1959, and separated on June 11, 1959. The complaint alleges that on May 6, plaintiff husband withdrew $4,000 from his savings account and turned it over to defendant wife; that on May 11 he withdrew the balance of $1,651 from his account and delivered it to her; that she induced him to do this by representing that she would invest it for him when in fact her intention was to convert the money to her own use. The answer of defendant admitted receipt of the money but denied the other allegations. As an additional defense and by way of counterclaim, *232 defendant alleged that plaintiff had become indebted to her in the sum of $7,100 for money lent, and that no part of that sum had been repaid except $5,651.

At the trial plaintiff testified that before the marriage defendant had told him that she owned several pieces of property and that she would sell him a house on Woodland Street which he ‘‘ could turn around and sell ... for a…