3rd. That plaintiffs, because of the circumstances, were compelled to and did rely wholly upon the statement and representation of the said defendants, and thereupon and by means of said false and fraudulent representations of the said defendants, the plaintiffs were induced and persuaded to, and did, on the day and year aforesaid, purchase said farm for one thousand ($1000.00) dollars, which was then and there paid to the defendants, relying on the truth of the said representation.

4th. That the said representations were not true, but were false and fraudulent; and that the said farm was not located within a radius of three (3) miles from the Village of Newaygo, but, in truth and in fact, the said farm was situated more than six (6) miles from the said Village of Newaygo; that the said farm was not the best kind of agricultural land and that it would not grow and raise all kinds of crops luxuriously and abundantly; that the said farm did not contain a good and productive virgin soil, underlaid throughout with clay sub-soil; that the said farm was not well suited and adapted to diversified farming as carried on in western Michigan, and for fruit raising; that there was not growing upon said farm sufficient timber for the construction of farm buildings and more than was necessary for fuel; that the said land was not worth fifty ($50.00) dollars per acre for farming purposes, but, in truth and in fact, was absolutely worthless; and that the said plaintiffs, in the purchase and sale of said lands and premises, and the said plaintiffs by means of the premises have been and are greatly injured and damaged in their property.

5th. That the plaintiffs, because of the premises, have been greatly injured and damaged, and they have spent and paid out large sums of money, to-wit, one thousand ($1000.00) dollars as the purchase price of said farm, three hundred ($300.00) dollars in packing and preparing their household goods, effects, etc., preparatory to shipment, and in payment of freight thereon, from the City of Chicago, Illinois, to Newaygo, Cichigan; five hundred ($500.00) dollars in the loss of wages while removing to Michigan.

6th. And the plaintiffs hereby tender a reconveyance of said premises to said defendants and demand that the said defendants reinstate said plaintiffs to their original position and reimburse them for damages they have suffered by reason of the premises hereinbefore mentioned.

7th. The plaintiffs say that according to the provisions of sections 12350 and 12351, of the Michigan Compiled Laws of 1915, the said defendants became and were indebted to the said plaintiffs in the sum of, to-wit, three thousand ($3000.00) dollars for their damages and injuries aforesaid, in and about said property and being so indebted, the said defendants afterwards, to-wit, on the day and year aforesaid, in consideration thereof, promised the said plaintiffs to pay them said sum of money on request, yet the said defendants (although often requested) have not paid the said sum of money or any part thereof to the plaintiffs, but have wholly neglected and still do neglect and refuse so to do, to the plaintiffs' damage of three thousand ($3000.00) dollars, therefore they bring suit.

Wm. J. Branstrom,

Attorney for Plaintiffs. Business Address:

Fremont, Michigan.

Amendments to Declaration On November 21, 1918, the court allowed the plaintiffs to amend their declaration in the following particulars:

(a) The ninth paragraph of the first count was amended to read as follows:

9th. That because of the said fraudulent representations, made as aforesaid by the defendants, the plaintiffs were led to believe that the said premises so purchased by them were worth upwards of $2000.00, where, in truth and in fact, the said premises were worthless, and to that extent they have been damaged in the sum of $2000.00.

(b) The fifth paragraph of the second count was amended to read as follows:

5th. That the plaintiffs, because of the premises have been greatly injured and damaged to the extent of $2000.00.

(c) The second count of the declaration was further amended by striking out the sixth paragraph thereof.

(c) Amended Plea and Notice.

STATE OF MICHIGAN In the Circuit Court for the County of Newaygo

Carl L. Lian, And Jensine Lian,

Plaintiffs, v. Henry Bradford & Company, a corporation; Henry Bradford & Company, a copartnership, consisting of Jesse B. Bradford and Henry Bradford, and Jesse B. Bradford,

Defendants.

The defendants. Henry Bradford & Company, a corporation, and Jesse B. Bradford, come and demand a trial of the matters set forth in the plaintiffs' declaration.

To the above named plaintiffs: You will please take notice that the defendants, Henry Bradford & Company, a corporation, and Jesse B. Bradford, will show in their defense under the plea of the general issue that the plaintiffs purchased the land described in declaration about the year 1910 from Henry Bradford, doing business as Henry Bradford & Company, on a land contract, and from the time of such purchase, said plaintiffs made monthly payments on said contract as were stipulated therein to Henry Bradford for a time, and later to Henry Bradford & Company, a corporation, until, to-wit, 1915, at which time said plaintiffs paid the balance of said contract price and secured a deed of the land from the defendant, Jesse B. Bradford, who held the legal title of the land at said time. That said plaintiffs never made any claim of fraudulent representations on the part of these defendants, or either of them, until April, 1918, although said plaintiffs, during all the time aforesaid, well knew or should have known the truth or falsity of said alleged fraudulent representations, and these defendants will insist that if said plaintiffs ever had any grounds for such a claim, they are guilty of laches which now preclude them from maintaining such a claim in this sut.