Sherlock

This is an action for damages for breach of an executed written contract for the exchange of real properties or for the rescission of the contract. By the terms of the contract the plaintiffs agreed with the defendant Andrew J. Gerlach to exchange their “Madrone Ranch,” consisting of 18.84 acres of orchard land in Santa Clara County for property near Aromas, Monterey County, known as the “M. B. Tuttle Ranch,” of record in the name of said defendant. In addition to the conveyance of the “Madrone Ranch” plaintiffs gave a note for $5,000 secured by a mortgage on the Aromas property which they acquired from said defendant in the exchange. The basis of the action is the alleged shortage in acreage in the property conveyed by defendant Andrew J. Gerlach. The grounds upon which the plaintiffs rely, as stated in their briefs, are “material error in description, mistake and misrepresentation, fraud or gross mistake equivalent to fraud, and for breach of covenant of seisin or possession.” The prayer of the complaint is for damages in the sum of $7,749,94, or a reconveyance to plaintiffs of the “Madrone Ranch” and cancellation of said note and mortgage, or an abatement of said note and…