Poley v. Bender

UDALL, Justice.

This is an action in tort for fraud and misrepresentation as to the adequacy of a domestic water supply in the sale of a ranch. O. L. Bender, purchaser of the ranch and appellee herein, chose not to sue for rescission and restitution based on the claimed misrepresentation; instead he elected to affirm the sale and sue for damages for the alleged fraud. The action was brought in the Superior Court of Yavapai County, wherein the court, sitting without a jury, rendered judgment on the complaint for the plaintiff and assessed damages against the seller, E. J. Poley, in the amount…