36 Ind. App. 694 | Ind. Ct. App. | 1905
The purpose of this action is to rescind, cancel and set aside an executed contract for the exchange of lands, on account of misrepresentations alleged to have been made by appellant Frederick B. Gardner to appellees. Demurrers to the complaint were overruled, and appellants answered in general denial. ' The issue thus formed was submitted to the court, trial had, special findings, and conclusions of law thereon stated. The separate motion of
Appellants contend that the court erred in its conclusions of law on the special findings. In substance the findings are as follows: On and prior to May 17, 1902, appellees were the owners by entirety of certain real estate in the city of Orawfordsville, Indiana, of the value of $1,500, and of the annual rental value of $200, with a mortgage thereon for $700. On the same day and prior thereto appellant Frederick'B. Gardner was the owner of 160 acres of land in Finney county, Kansas, which was unimproved and not susceptible of cultivation, and of the value of $200, and of the annual rental value of $5, and which was unencumbered. Said parties were not acquainted with each other prior to said day, and were brought together by Alfred Lookabill, the agent of appellees, who introduced the subject of the exchange of their said properties. Appellees inquired of Gardner as to the location, character of soil, and price at which he held the Kansas land, to which Gardner replied that the Kansas land was all raw prairie land; that the same could all be plowed; that it was within four miles -of Garden City, the county seat of Finney county, Kansas, and situate in that county; that a railroad ran through Garden City; and that he held the land at $10 per acre. Lookabill volunteered the statement that he had never seen the land and knew nothing about it, but he had relatives living’ in Kansas who he thought did their trading at Garden City, and from whom he had received letters stating that land in their vicinity was selling from $5 to $10 per acre. Appellees stated to appellant Frederick B. Gardner that if the lands were rich, black prairie soil, and would produce wheat, corn and oats, it was all right; otherwise it was not. Thereupon said Gardner informed appellees that the land was just as he said it was. Appellees priced the Orawfordsville property at $1,800, and appellant his land at $10 per acre. Appel
On substantially these facts the court stated conclusions of law as follows: “(1) That plaintiffs are entitled to have the deed executed by the plaintiffs to the defendant Frederick B. Gardner, mentioned in its findings, set aside and declared void; (2) that the plaintiffs are entitled to have their title in and to the premises described in the complaint quieted against the claim of the defendants thereto.”
In Rohrof v. Shulte (1900), 154 Ind. 183, the court uses language expressive of our views of the case at bar, if it may be said that the findings include some matters of an evidentiary character. The court said: “It is true that the trial court has embraced in its special findings some matters of an evidentiary character, still the legitimate facts, as therein set forth, are sufficient to expose that the conveyance of appellee’s land which he, by his action, invokes the court by its decree to set aside and annul, was procured through the fraudulent scheme projected by the defendant Brillo. * * * The facts reveal such a clear case of fraud, upon the part of the defendant Brillo, and that the conveyance, upon the part of appellee, was procured thereby, that surely there can be no contrariety of opinion in respect to these features of the case.”
The findings are sufficient to support the conclusions of law. See Witherwax v. Riddle (1887), 121 Ill. 140, 13 N. E. 545.
Erom what we have already said, our conclusion on the motion for a venire de novo must he that the trial court correctly ruled.
Judgment affirmed.