Byers (P) entered into a contract to buy land from Federal Land (D). P sued for cancellation of that contract because P alleged that D made fraudulent statements to P; that D was the owner of the land, that D was in possession of the land, and that the land was worth $35 per acre. In fact, the land was worth $15 per acre, but the real estate agents made that representation and not D. The written contract of sale did not state that D was in possession of the land and there was no evidence of such a statement by D and in fact the owner of the land had written P to inform P on numerous occasions that if P performed, the land would be conveyed as per the contract. D moved to dismiss and the trial court granted that motion. P appealed.

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