70 Ind. App. 68 | Ind. Ct. App. | 1919
This was an action by the appellees against the appellants to recover damages for alleged false and fraudulent representations made by the appellants to the appellees as to the character and value of certain California land conveyed to appellees by appellants in exchange for real estate located in the States of Indiana and Illinois.
The complaint was in one paragraph to which, without demurring thereto, the appellants answered by general denial. Hpon the issues thus joined the cause was submitted to the court, without the intervention of a jury, for trial. Judgment was rendered for the
The errors assigned, and relied upon for reversal, are: “(1) The appellees’ complaint filed in the trial court on its face fails to state a cause of action against the appellants, for the reason that said complaint fails to allege the value of the real estate conveyed to appellants by the appellees in the exchange of property as set forth in said complaint. There are no allegations in the complaint from which the measure of damages could be ascertained. The complaint fails to allege that the appellees parted with anything of value for the California land conveyed to them by the appellants, and hence said complaint contains no allegations which would warrant the trial court to assess damages for false and fraudulent representations.”
The appellants state that: “Under the law it became the duty of the appellees to investigate the truthfulness of any misrepresentations which may have been made with reference to the California land. ’ *
There is no érror in the record. Judgment affirmed.