Cory

Introduction

Plaintiffs appeal the trial court’s grant of summary judgment in favor of all defendants in a case arising out of fraud and misrepresentation in the sale of real property purported by respondents to be 2.84 acres when in fact the property consisted of only 1.88 acres. Appellant contends there are triable issues of fact. We agree in only one regard.

Facts

On March 7, 1980, appellants, Josephine A. Cory and Troy Cory (hereinafter appellants), purchased a residential estate located at 639 Rosemont Avenue, Pasadena (hereinafter realty) from defendant respondents, Stephen and Marilyn Odell and Charles and Judy Smithdeal (hereinafter sellers). The appellants had seen a listing in the Pasadena Board of Realtors and an ad placed by the sellers in Los Angeles Magazine which described the realty as being about 2.7 acres. On or about December 7, 1979, respondent Sue Villicana (hereinafter sellers’ broker) had shown the property to appellants in her capacity as a broker for respondent Villa Properties. She visually pointed out the realty’s boundaries and represented its acreage at “about three acres.” The next day she delivered a brochure to the appellants describing…