Spadoni

This is an appeal from a judgment rescinding the sale of real estate and personal property and canceling the instruments of conveyance thereof, on the ground of fraud.

The defendants, who sustain the relationship of husband and wife, were the owners of a dwelling-house situated on lots 14 and 16, Ramona tract of the city of Alhambra, according to book 12 of maps, page 53, Los Angeles records, together with the household goods therein contained and one Maxwell coupe automobile. January 27, 1927, the plaintiffs executed a written agreement to purchase this property for the sum of $22,300, subject to a mortgage of $9,000. This sale was consummated February 1, 1927, by the execution and delivery of a deed of conveyance to the real property and bills of sale to the personal property. The plaintiffs took immediate possession of the property. As part of the purchase price therefor the plaintiffs assigned and delivered to the defendants 140 shares of the capital stock of Bancitaly Corporation of the agreed value of $13,300. About August 10, 1927, the plaintiffs claim to have first discovered the serious defects in the dwelling-house and the fraudulent misrepresentations of the defendants…