Braselton

Plaintiff brought the action to compel defendants, J. J. Vokal and Mary Vokal, to execute a conveyance to him' of a certain lot in the city of Chico, and he had judgment from which said defendants have appealed. The action was based upon a certain written instrument executed by said defendants in the following form: “For and in consideration of the sum of ten dollars, paid the undersigned, the receipt of which is hereby acknowledged, I agree to sell and convey to W. A. Braselton free from any lien and encumbrance whatever, on demand, within thirty days from date, at his option, the following described property, to wit: [describing the property], and in consideration of fifteen hundred fifty dollars cash, upon delivery of deed having clear title. Dated at Chico, County of Butte, State of California, this 28th day of October, 1919.” There is no contention that the complaint fails to state a cause of action or that the findings are insufficient to support the judgment, but appellants do claim (1) that the option was given without consideration; (2) that it was revoked before the tender of performance, and (3) that the whole transaction was vitiated by the fraudulent representations…