2nd. That on, to-wit, the 10th day of May, 1915, the defendants offered to sell them a certain farm they claimed to be owned by the said defendants, described as the northwest quarter of the northwest quarter of section three, in township eleven north, of range twelve west, and containing forty acres, more or less, according to the government survey thereof.

3rd. That to induce the said plaintiffs to purchase said farm, the said defendants represented to the said plaintiffs that the said farm was located within a radius of three miles from the Village of Newaygo, County of Newaygo, State of Michigan; that the said farm was the best kind of agricultural land and that it would grow and raise all kinds of crops luxuriously and abundantly; that the said farm contained a good and productive virgin soil, underlaid throughout with a clay sub-soil; that the said farm was well suited and adapted to the diversified farming as carried on in western Michigan, and for fruit raising; that there was growing upon said farm sufficient timber for the construction of farm buildings and more than was necessary for fuel; that the said farm was well worth fifty ($50.00) dollars per acre for farming purposes.

4th. That the plaintiffs were thereby induced to purchase said farm for one thousand ($1,000.00) dollars, which was then and there paid to the defendants, relying on the truth of the said representations.

5th. That the said representations were not true, and that the said farm was not located within a radius of three miles from the Village of Newaygo, but in truth and in fact the said farm was situated more than six miles from the 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 the diversified farming as carried on in western Michigan and for fruit raising; 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.

6th. That the said defendants made the said representations fraudulently, knowing them to be false, and for the purpose of inducing the plaintiffs to purchase the said farm.

7th. In the alternative that the defendants, in consideration of the purchase of the same farm by the plaintiffs, warranted that the said land was within a radius of three miles of the Village of Newaygo; that the said farm was the best kind of agricultural land, and that it would grow and raise all kinds of crops luxuriously and abundantly; that the said farm contained a good and productive virgin soil underlaid throughout with clay sub-soil; that the said farm was well suited and adapted to diversified farming as carried on in western Michigan, and for fruit raising; that there was growing upon said farm sufficient timber for the construction of farm buildings, and more than was necessary for fuel; that the said land was well worth fifty ($50.00) dollars per acre for farming purposes.

8th. That the said farm was not as warranted, but was situated upwards of six miles from the 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 same 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 farming purposes.

9th. That because of the said fraudulent representations made as aforesaid by the defendants, the plaintiffs spent and paid out large sums of money, to-wit, one thousand ($1000.00) dollars paid to the said defendants for said farm; in packing and preparing their household goods and effects, preparatory to shipment, and in payment of freight thereon from the City of Chicago, Illinois, to Newaygo, Michigan, the sum of three hundred ($300.00) dollars; in the loss of earnings as a result of removal to the State of Michigan, five hundred ($500.00) dollars.

10. Wherefore the plaintiffs claim a judgment for the sum of three thousand ($3000.00) dollars.

Second Count. The plaintiffs say:

1st. That heretofore, to-wit, on the 10th day of May, 1915, and for many years prior thereto, the said plaintiffs lived and made their home in the State of Illinois and were unfamiliar and unacquainted with Michigan farm lands and the kind and quality of the soil thereof, and particularly the farming lands in Newaygo County, Michigan.

2nd. That on, to-wit, the 10th day of May, 1915, the said defendants, with intent to cheat and defraud the said plaintiffs and to induce said plaintiffs to purchase of the defendants the northwest quarter of the northwest quarter of section three (3), in township eleven (11) north, of range twelve (12) west, and the said defendants held out and represented to the said plaintiffs that they were the owners thereof; that the said land was within a radius of three (3) miles from the Village of Newaygo; that the said farm was the best kind of agricultural land, that it would grow and raise all kinds of crops luxuriously and abundantly; that the said farm contained a good and productive virgin soil.

underlaid throughout with a clay sub-soil; that the said farm was well suited and adapted to diversified farming as carried on in western Michigan, and for fruit raising; that there was growing upon said farm sufficient timber for the construction of farm buildings and more than was necessary for fuel; that the said farm was well worth fifty ($50.00) dollars per acre for farming purposes.