Burton

Two actions were consolidated for trial; joint findings of fact and conclusions of law were signed and a single judgment was rendered on the issues presented by the two actions.

Appellants herein were the plaintiffs in the initial action and were the defendants and cross-complainants in the second and subsequent action.

The initial action herein was instituted by appellant Realty Company of America, Inc., against respondents seeking declaratory relief, concerning the validity of a purported written “Notice of Rescission” given by respondent L. W. Coffee to appellant dated and served August 3, 1954. The notice of rescission pertains only to the “contract dated August 7, 1953” between appellant Realty Company of America, Inc., as first party and respondent L. W, Coffee as second party. By its complaint appellant seeks the declaratory judgment of the court that said notice of rescission is ineffectual and that the aforesaid contract of August 7, 1953, is in full force and effect and has not been cancelled. The last named contract recited that respondent L. W. Coffee is the sub divider of certain property in Riverside County, designated as “Desert Hot Springs Tract No. 7.” It is…