Elm

Sacramento Suburban Fruit Lands Co. v. Elm

Good Law
29 F.2d 233·1928 U.S. App. LEXIS 2655
United States Court of Appeals for the Ninth CircuitNovember 23, 1928No. 5521California1,524 words

Opinion

Lead Opinion

Hunt, J.

This- is an action in damages for alleged false and fraudulent representations in the sale of certain lands in the Rip Linda district near Sacramento, Cal. The complaint alleged that plaintiffs, while residing in Minnesota prior to 1925, were ignorant of lands and their quality and value in California; that defendant knew of the ignorance of plaintiffs and knew that by reason of plaintiffs’ ignorance they would be compelled to rely solely upon the statements of the defendant; that prior to November, 1925, defendant, intending to cheat plaintiffs, falsely represented that all of the property (6.87 acres) described as within the Vineland district in Sacramento county, Cal., was of the market value of $2,750; that all of the land thereof was of the value of $400 per acre and up; that all of the land was rich and fertile and capable of producing all kinds of farm crops and products; that the land was wholly free from all conditions and things injurious to the growth of fruit trees and was perfectly adapted to the raising of fruit of all kinds. It is alleged that plaintiffs believed the representations and each of them, and relied thereon, and thereafter made a contract with the…

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