Remmers

Plaintiff and defendants entered into a written agreement for the exchange of real property, that of plaintiff consisting of a small business property in Monrovia, that of defendants a 5-room residence in Pomona. Plaintiff’s property was subject to a $2,500 trust deed, defendants’ was clear, and defendants were to pay plaintiff $100 in cash. They opened an escrow with a bank as escrow holder and signed escrow instructions which were of themselves a complete agreement for the exchange. Before the escrow was closed defendants attempted to rescind the agreement and gave notice that they did rescind upon the claim that plaintiff’s property had been misrepresented to them.

Plaintiff sued for specific performance; defendants answered, admitting the execution of the agreement and alleging that they had been induced to enter into it by certain fraudulent representations, as follows: that plaintiff’s property had cost her $6,000 and was of the market value of that amount; that plaintiff’s property had been leased to one S. J. Yolturo for five years at a rental of $40 a month for the first year, $45 a month for the second year, and $50 a month for the remainder of the term, and that said…