Geneusz v. Harrington

Plaintiff, the respondent here, entered into an arrangement to trade and transfer certain real property to the defendants in exchange for a promissory note of the alleged face value of $4,900, secured by a second encumbrance by way of a deed of trust on property on which there was a prior encumbrance of $40,000. The trial court found that all the representations made by defendants to plaintiff as to the ownership and value of the property subject to the encumbrance securing the note for which plaintiff traded his property were untrue. On discovery of the fraud, plaintiff gave notice of…