Nicholson v. Tarpey

Temple, C.

— This is the defendant’s second appeal. (70 Cal. 608.) It is from the judgment, and an order *619refusing them, a new trial upon a bill of exceptions, wherein are stated certain rulings admitting evidence against the defendants, claimed to be erroneous.

The action is for the specific performance of a contract alleged to have been made in writing by Mathew Tarpey, the ancestor of the defendants. It is charged that Tarpey induced plaintiff, by fraudulent representations, to accept a deed for a portion of the premises, under the belief that it conveyed the whole. This action is, in effect,…