Smith owned five acres of land in wilton, new york, on which were two springs of mineral water and machinery? smith owned five acres of land in wilton, new york, on which were two springs of mineral water and machinery to bottle the mineral water. smith sold the real property to brown for 200,000, representing that the water was natural mineral water and could be bottled or sold as it flowed from the ground. smith also represented to brown that the daily flow of water from the 2 springs was 3,200 gallons. brown entered into possession and purchased and installed modern water. he soon discovered that the water was not natural mineral water, but fresh water to which certain chemicals has been added. he also discovered that the daily flow did not exceed 150 gallons. by the time he discovered the facts, brown had expaned 65,000 for the installation of new machinery