Sorenson (P) purchased a house from Arthur Tillen and his wife. Gardner (D) built the house in question but had sold it, and at the time that P purchased it D and his wife were living in a house on adjoining property. P alleges that D falsely represented to P that the house was well constructed in a workmanlike manner and met all minimum code requirements, particularly with respect to electric wiring, plumbing, septic tank, and sewage disposal arrangement, and that the well was properly constructed and with the existing pump would deliver 950 gallons of pure water per hour and would meet all health standards and building code requirements. P introduced evidence in support of these allegations and evidence tending to show that the representations were false. Judgment was given to P. D appealed; the representations were to matters of law.