31. That the land was not as good as could be found in this part of the state but, on the contrary, that it was about as poor as could be found.

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

33. That the said farm was about five miles from the German Church.

34. That the crops would be very small and no more than enough to provide for the plaintiff's family.

35. That the said J. W. Long and the said defendants at the time of making the aforesaid false and fraudulent representations well knew that they were false and untrue in every respect and were made by the said J. W. Long, the agent of the said defendants, and the said defendants with the intent to deceive and defraud the plaintiffs herein.

36. That the said plaintiffs desiring to purchase a farm for farming purpose and having never been in this section of Michigan, and having no knowledge of the value and quality of Michigan lands or no knowledge of the falsity and untruthfulness of the foregoing false and fraudulent representations, but on the contrary believing them to be true, and acting upon them as the truth, did, on or about the 18th day of April, 1915, enter into a contract with said defendants to buy from them the land above described for the sum of $6,000.00 and to pay for the said land by conveying to the said defendants, their farm in the County of

Allen, State of Indiana, for the sum of $3,500.00 and further consideration in the form of a mortgage for the sum of $2,500.00 on the farm the said plaintiffs were buying from the said defendants, whereupon it was agreed that the said defendants were to convey to the plaintiffs, by a good and sufficient warranty deed, the said farm last herein described. That in accordance with the provisions of the said contract, the said plaintiffs did on the 7th day of July, 1915, convey and warrant to the said defendants their farm in the County of Allen, State of Indiana, and did further execute and deliver to the said defendants a mortgage on the farm, the said defendants were selling to the said plaintiffs, but that the said defendant did not nor had not conveyed to the said plaintiffs the said farm as agreed and as hereinabove mentioned.

37. That the said plaintiffs believed the aforesaid false and fraudulent representations of the said agents of the said defendants, and the said defendants as the truth and acted upon them as the truth, and by reason of the foregoing fraudulent conduct of the said defendants and their agents in the making of the aforesaid false and fraudulent representations with the intent to defraud and deceive the said plaintiffs, they, the said plaintiffs have sustained great damage, to-wit, $5000.00, said amount being the difference between the actual value of the farm the said defendants sold to the said plaintiffs and the value the same farm would have been worth had it answered to the representations of the said defendant, for which amount the said plaintiffs have been damaged by reason of the foregoing false and fraudulent representations of the said defendants and their agent, whereby a right of action has accrued to the said plaintiffs and the said plaintiffs do hereby claim all right and benefit they may have to bring and maintain this action under and by virtue of Section 10421 of the Compiled Laws of 1897 of the State of Michigan, by virtue of which law promise has been made and is implied on the part of the said defendants, to pay to the said plaintiffs their just damage arising from the aforesaid fraud and deceit, whereby the said defendants on or about the 18th day of April, 1915, became indebted to the said plaintiffs in the sum of $500.00. That the said money, nor any part thereof has not been paid to the said plaintiffs although having been requested so to do and therefore they bring suit.

1. For that whereas, the said defendants, on or about the I8th day of April, 1915, became indebted to the said plaintiffs in the County of Manistee, State of Michigan, in the sum of $5000.00 for the money then and there received by the said defendant for the use of the said plaintiff.

And whereas, the said defendants being so indebted, afterwards, on, to-wit, the day and date last aforesaid, in consideration of the premises, promised the said plaintiffs to pay them the several sums of money, when they, the said plaintiffs, should hereunto afterwards request the said defendants so to do. Nevertheless, the said defendants, though often afterwards requested to do so, have not as yet paid the several sums of money above mentioned, or any part thereof, but have hitherto, wholly refused, and still refuse so to do. To the plaintiffs damage in the sum of $5,000.00 and therefore they bring this suit, etc. Dated this 15th day of January, 1917.

H. P. Hittle,

Attorney for Plaintiff.

(c) Plea and Notice.-To the above named plaintiffs:

Now comes Adolph Kann and Adolph Hammell, the defendants in the above entitled cause, and demand a trial of the matters set forth in the declaration of the plaintiffs, filed therein.

Dated February 14, 1917.

Thomas Smurthwaite,

Attorney for Defendants. Business Address:

Manistee, Michigan.

To the above named plaintiffs: Please take notice, that upon the trial of said cause the defendants will give in evidence and insist under the general issue above pleaded, that, at the time the agreement for the exchange of lands set forth in the declaration of the plaintiffs was made, the defendants had not by themselves or any agent for them, seen the land then owned by the plaintiffs in Allen County, Indiana, described in said declaration and had never seen the record of title to said lands and knew nothing whatever as to the condition of the title to said lands, or of the location or value of said lands, and at that time had no agent whatever in the vicinity of said lands of whom inquiry could be made by them as to the location, condition, or value of said lands, or the condition of the title thereto.