(e) Authorities Cited by Plaintiffs-Brief of Plaintiffs. BARNHARDT v. HAMEL, 207 Mich. 232-

(a) This is an action brought to recover money paid to defendants for the sale of certain farm land, on the ground that defendants falsely represented the quality of the land, its location, and value. The plaintiffs recovered judgment which was affirmed on appeal.

(b) Declaration.-State of Michigan, The Circuit Court for the County of Manistee.

Elizabeth Barnhardt and her husband, Peter Barnhardt of Manistee County, State aforesaid, plaintiffs herein, by their attorney, H. F. Hittle, complain of Adolf Kann and Adolf Hammel, a copartnership, doing business as Adolf Kann & Co., in Manistee county, state aforesaid, defendants herein, in a plea of assumpsit, filing their declaration as commencement of suit in accordance with the statute authorizing the commencement of suit by declaration.

1. For that whereas: Heretofore, to-wit, on the first day of April, 1915, the said plaintiffs were the owners of, and had a legal interest in and to certain lands located in, and were residents of the County of Allen, State of Indiana, and at the time aforesaid the said defendants were engaged in the business of buying and selling real estate for profit in said county and vicinity. That, to-wit, during the month of April, 1915, while the said plaintiffs were the owners of the land above mentioned and herein described as follows, to-wit: The west ten acres of the north half of the northeast quarter of section eleven, township twenty-nine north, range thirteen east, also the east half of the north half of the west half of the west half of the northeast quarter of section eleven, township twenty-nine north, range thirteen east. Excepting therefrom one-fourth acre, all located in the County of Allen, State of Indiana.

2. That said defendants, by and through their agent, J. W. Long, did falsely and fraudulently represent to the said plaintiffs with the intent to defraud and deceive them.

3. That the defendants had a certain farm in the County of Manistee, State of Michigan, that he, the said J. W. Long, would like to sell to the said plaintiffs for farming purposes.

4. That the said farm was suitable for farming purposes.

5. That all kinds of crops could be raised on the said farm successfully.

6. That said farm would produce just as good crops as the land the said plaintiffs then owned in the State of Indiana.

7. That the said farm was worth just as much per acre as the land the said plaintiffs then owned in the State of Indiana.

8. That the said land had a sand loam and a clay sub-soil.

9. That the said farm was just a short distance from a German Lutheran School.

10. All of which representations were false and fraudulent in every respect, in that the said J. W. Long, the agent of the said defendants, well knew.

11. That the said farm was not all suitable for farming purposes.

12. That the said farm would not produce corn, wheat, oats, hay and rye successfully.

13. That the said farm would not produce as good crops as the farm the said plaintiff owned in the State of Indiana.

14. That the said farm was worth not more than $25.00 per acre.

15. That the said farm was not a sand loam with a clay sub-soil, but a light sand with no sub-soil.

16. That the said farm was about five miles from the German Lutheran School.

17. That the said J. W. Long, the agent of the said defendants at the time of making the aforesaid false and fraudulent representations to the said plaintiffs, well knew that they were false and untrue in every respect, and that they were made by the said J. W. Long with the intent to defraud the said plaintiffs. That thereafter the said plaintiff, Peter Barnhardt, believing the aforesaid false and fraudulent representations of the said J. W. Long as the truth and acting upon them as the truth, did, at the express request of the said J. W. Long, come to the County of Manistee, State of Michigan, on or about the first of April, 1915, for the purpose of looking at the said farm.

18. That while the said Peter Barnhardt was in the County of Manistee, state aforesaid, for the purpose of looking at the said farm hereinabove mentioned and hereinafter described as follows, to-wit:

The south half of the southwest quarter and the southwest quarter of the southeast quarter of section twenty-five, township twenty-four north, range sixteen west, in the County of Manistee, State of Michigan; said defendants did falsely and fraudulently represent to the said Peter Barnhardt with the intent to deceive and defraud him.

19. That the said farm would produce just as good crops as the said plaintiffs then owned in the State of Indiana.

20. That the said farm was worth $50.00 per acre.

21. That the low swamp land on the back end of the farm could be drained, that the said land, after being drained, would be more valuable for farming purposes than the remainder of the farm.

22. That the said land would produce good crops of hay, oats, corn, beans, potatoes and rye.

23. That the said land was just as good as he could find in this part of the state.

24. That the said farm was a sand loam with clay sub-soil.

25. That the said farm was two and one-half miles from the German Lutheran Church.

26. That the crops from the farm would pay the mortgage in four years.

27. All of which representations were false and untrue in every respect, in that the defendants well knew that the said farm would not produce as good crops as the farm the plaintiffs then owned in the State of Indiana.

28. That the high land was worth no more than $25.00 per acre and that the low swamp was worthless.

29. That the low swamp land on the back end of the farm was worthless for farming purposes and could not be drained.

30. That the land had been run down and was worn out and would not produce good crops of hay, oats, corn, beans, potatoes or rye.