Younglove

This action was begun by the plaintiffs to obtain rescission of a certain contract set forth in the complaint for damages for breach of contract and for declaratory relief, and such other relief as to the court might seem just and equitable.

The^ court by its judgment awarded damages to each of the plaintiffs in the sum of $1,000. The plaintiffs were also granted declaratory relief for any sum that they might be compelled to pay on account of a certain action numbered 309,510 pending in the Superior Court of the County of Los Angeles, based upon a guaranty executed by the plaintiffs, whereby they became responsible to the Bank of America in the sum of $3,000 loaned to the corporation. The plaintiffs were likewise granted declaratory relief as against the corporation, defendant herein, on account of the guaranty just mentioned. No rescission of any of the contracts executed by the plaintiffs was decreed by the trial court. From this judgment the defendant Hacker appeals, both in his individual capacity and as trustee.

The character of the judgment appreciably narrows the questions that need to be considered in this opinion in this, to wit: Even though it be conceded that the…