Gater

This is an action to rescind a contract for the purchase of real property on the ground of fraud in its procurement and to recover the sum of $1250 paid thereon. Judgment as prayed for was rendered in favor of the plaintiff. The defendant John P. Mills Organization, Inc., a corporation, hereinafter called the Mills Company and the defendants Skinner and Holladay have appealed. The defendant Watts was served with process but failed to appear therein and the remaining defendant, Norman A. Foster, was not served with process nor did he appear in the action. At the close of plaintiff’s evidence the defendants made a motion for a nonsuit, which was denied. Defendants failed to offer any evidence and the court made its findings of fact and conclusions of law and the judgment complained of was thereupon entered.

The evidence discloses that the Mills Company was at all the times mentioned in the complaint the owner of lots 44 and 45 of block 3 of the Wardlow-Manor tract in the county of Los Angeles and Avas engaged in the business of selling real estate. It had a main and branch office in the city of Long Beach. The branch office Avas conducted by the defendants Skinner, AVatts &…