Rhyner v. Hartl

The findings concerning fraud and misrepresentations on which the judgment below were based are against the great weight and clear preponderance of the evidence. The record is barren of evidence either of active or constructive fraud practiced by appellant or of any act on the part of appellant that can be held capable of misleading respondent as-to the value of the property or the advisability of selling the interest of the deceased when he did.

In order to have a cause of action there must be a right in the plaintiff and a wrongful invasion of that right by the defendant. Van De Yacht v.…