Bausch v. Myers

This is an action to recover damages for misrepresentation involved in the sale of a 53-acre ranch in Douglas County. The case was tried before a court sitting without a jury. The trial court found for the defendants and plaintiffs appeal.

Walter Davis owned a, ranch on which he lived for many years. He listed the farm for sale with a broker. He informed the broker that the ranch had as an appurtenance the right to take water from the adjoining stream to irrigate 27 acres. The broker included this information in the listing agreement.

The plaintiffs were interested in buying a small irrigated…