Page

Page v. Brown

Good Law
122 Cal. App. 12·1932 Cal. App. LEXIS 945·9 P.2d 895
Court of Appeal of CaliforniaMarch 19, 1932Docket No. 4544.California3,747 words

Opinion

Lead Opinion

Plummer, J.

The plaintiffs began this action to secure the rescission of a certain agreement made and entered into with the defendants Brown on or about the eleventh day of April, 1929, whereby the respective parties just mentioned agreed to exchange certain real property. To this complaint the defendants Brown, in addition to their answer, filed a cross-complaint praying for specific performance and for a decree of the court directing and requiring the plaintiffs to fully execute their part of the agreement. The defendants Brown had judgment upon their cross-complaint for specific performance. Rescission as prayed for by the plaintiffs was denied. From this judgment the plaintiffs appeal.

The record shows that some time prior to the fifth day of April, 1929, the defendants Brown, desiring to exchange a ranch belonging to them, situate in the county of Calaveras, for property in the county of Los Angeles, engaged the services of a real estate dealer by the name of C. P. Blake-more, and left him a description of their property, as follows:

At about the same time the plaintiffs in this action, the owners of a small tract of land situate in the county of Los Angeles, to wit: All of lot 1,…

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