739. Proof where representation made to class.

Where the representation is made to a class of which the alleged representee claims to be a member, it must be clearly established that the representee was one of the persons to whom the representor1 contemplated that the representation should be made2. If it is found that, although a certain class of persons was intended to be deceived by the representation, that class was not the particular class to which the representee belongs, but a different or a smaller one, the burden of proof is not discharged; as, for instance, where a person claims to have been induced to

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