
    EDWARD MORAN, Respondent, v. EDWARD A. DARRIN, Appellant.
    
      Contract—Fraud—Pa/rty entitled to recover money paid under.fra/udulent contract.
    
    On the execution of a contract for the conveyance of land, the plaintiff was defrauded by an intentional omission of part of the property, which the defendant agreed to convey. The fraud was not known to the plaintiff, and, after its discovery, the defendant having refused to execute a contract such as should have been drawn, held, that the plaintiff had a right to maintain his action to recover the money payments, and that the fraudulent contract gave defendant no right to retain the money.
    Appeal from a judgment, entered on a verdict in favor of the plaintiff.
    
      Ira, D. Warren, for the respondent.
    
      OharlesWhelp, for the appellant.
   Opinion by Babnabd, P. J.

Present—Babnabd, P. J., Tappen and Taloott, JJ.

Judgment affirmed, with costs.  