Balboa Realty Co. v. Brenglass Realty Corp.

Plaintiff seeks to recover damages for fraud and deceit alleged to have been practiced in connection with the sale of a lot by the defendants, the owner and the auctioneer who sold it to the plaintiff. Plaintiff alleges that the auctioneer represented that lot 40, the one in dispute, was a corner lot, whereas in fact it was not On the other hand, the auctioneer contends that he represented lot 40 to be a comer lot according to the city map, that no fraud was perpetrated by him, that there was no intention to deceive the plaintiff, and that in fact it was not deceived.

In order to recover…