Haight

George W. Haight and his wife, Mary Setchel Haight, commenced the action for the purpose of having rescinded a certain contract between the plaintiff, George W. Haight, and the defendant, W. H. Stewart, and to have declared null and vo.id two certain deeds of conveyance. After the trial of the case, and before judgment was entered, George W. Haight died and his executor, Samuel C. Haight, was substituted as one of the plaintiffs.

The complaint shows that during the month of November, 1911, George W. Haight and W. K. Stewart were negotiating for an exchange of certain properties. On the 22d of November, they entered into a written agreement by which said Haight agreed to convey to Stewart a tract of land situated in Glenn County, consisting of 760 acres, and Stewart agreed to convey to Haight his interest in certain lands in Mendocino County, subject to certain specified encumbrances, and also to deliver to him twenty-seven bonds of the par value of one thousand dollars each of the Western Consolidated Coal, Gas, and Electric Company (hereinafter called “the bonds”). The transaction was consummated on the twenty-seventh day of November, 1911, by the delivery to defendant, Myrtle…