Prentiss

By his amended eomplaint appellant sought to recover damages amounting to $197,000 for alleged fraud perpetrated upon him in connection with the sale of, his stock in the Routt County Fuel Company to his brother, E. L. Prentiss, deceased. The administrator of the estate of the deceased *713 brother interposed a demurrer to the complaint, which was sustained by the trial court without leave to amend. Judgment for the defendant administrator followed. Plaintiff appeals from that judgment.

The action was commenced more than three years after the contract of sale was executed. The principal question involved is whether or not the cause of action is barred by the statute of limitations of the state of California, which provides that an action for fraud is haired three years after the cause of action accrues, and also provides that “the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. * * * ” Code Civ. Proc. Cal. § 338, subd. 4.

Under the practice in the state of California, where the fraud is alleged to have been perpetrated more than three years before the commencement of the action, the…