Holmes

This is an appeal by plaintiffs, C. M. Holmes and Susan M. Holmes, from a judgment of nonsuit entered against them in an action for rescission. The appeal is upon the judgment-roll alone.

The pleadings set forth these facts: Plaintiffs allege in their original and supplemental complaint that on January 22, 1927, they purchased from defendant Vincent 0. Rob-arts a grocery business, store fixtures and equipment, etc., located in the city of Redondo Beach, California, paying therefor the full purchase price of $1,775, and as part of the same transaction plaintiffs leased from defendant the building in which said store was located, for a period of three years from January 22, 1927, at a monthly rental of $50; paid the first month’s rent and took possession of said building and all of said personal property on said twenty-second day of January, 1927, and operated the grocery business in said building until on or about the twelfth day of February, 1927, when plaintiffs served upon defendant a written notice of rescission, stating in substance that they had ascertained that certain representations made by defendant to induce them to enter into the contract of sale and purchase of the…