(concurring) :
I concur on the ground that the trial court was justified in finding that plaintiff was not induced by fraud to enter into the contract under the facts of this case. Period.
Having so decided, the detailed recitation of claim for damages and the rules pertaining thereto are surplusage. The question of damages is of no import if there be no cause of action. Neither is the rule as to damages, which, if correctly asserted by the majority, has already been laid down and needs no needless repetition here.