Thompson

This is an appeal by plaintiffs from order granting defendants’ motions for a new trial after judgment for plaintiffs for rescission and damages.

Facts

In reading the facts it must be kept in mind that the trial court, by its order, restricted its order to the sole ground of “against law.” Without reviewing the various conflicts, and stating the evidence as it supports the judgment, the essential facts shown by the record are as follows: On August 15, 1957, plaintiffs purchased four mountain residence lots in the Silverado Canyon of eastern Orange County from defendant Guyer-Hays, on the representation by defendant Hiatt, who was then acting as broker for defendant GuyerHays, that the two dwellings located on said lots were built in compliance with applicable codes and ordinances of Orange County and were ready for occupation and habitation upon the obtaining of a plumbing permit and installation of a cesspool and plumbing and the connecting of electricity to said dwellings.

At the time of making said representations, Hiatt knew said dwellings had not been constructed in accordance with said ordinances and codes and did not inform plaintiffs thereof. Plaintiffs relied on said…