Bank of America National Trust & Savings Ass'n v. Ames

BISHOP, J., pro tem.

Plaintiff successfully sought judgment in the court below' to recover some sums due under a contract providing for the sale of real estate. The defendants seek on appeal, unsuccessfully, to reverse the judgment on three grounds: that the evidence shows that they were induced to enter into the contract through fraud; that there was a total failure of consideration; that the trial court had no jurisdiction of the subject-matter of the action.

The fraud alleged and relied upon was the making of a promise to resell the property purchased at a profit, without intent to perform.…