King

The plaintiff recovered judgment in this suit in assumpsit for the return of $500 paid to the defendant under the terms of a written contract as part of the purchase price for three lots. The contract referred to the subdivision of the tract in which the lots are situated by reference to an unrecorded map. From this judgment the defendant Stubbs Company, Ltd., has appealed.

In consideration of the payment of $500, the defendant Stubbs Company, Ltd., successor to the Stubbs Songey Co., by its agent Martha Sallceld, executed a written contract with the plaintiff July 6, 1931, agreeing to sell plaintiff lots Nos. 27, 28 and 29 in subdivision 7 of Clear Lake Oaks, in Lake County, California, “as shown upon official map thereof”. The balance of the purchase price was to be paid in monthly installments of $30, with a provision for seven per cent interest on all deferred payments. Notice of rescission of the contract was served upon the defendant during the week following the execution thereof. This suit in assumpsit was brought January 2, 1932, on the ground that the contract is void under the provisions of section 3 of the act of the legislature with relation to the recording of maps…