Upper San Joaquin Irrigating Canal Co. v. Roach

Hayne, C.

— Action upon a promissory note; judgment for plaintiff; defendant appeals.

The material facts are as follows: The plaintiff, being in need of money to complete its canal, sent its president to New York to sell some of its stock. He sold some stock to the defendant’s intestate, and took the note sued on in payment. It is claimed that at the time of the sale the president represented to the vendee that the canal could be completed for fifty thousand dollars, when, as a matter of fact, more than three hundred thousand dollars was required to complete it. The evidence shows that some…