Berry

Plaintiffs appeal from an adverse judgment. The appeal is presented by the alternative method. The questions argued relate to orders of the trial judge vacating certain default entries made by the clerk of the court; it is also contended that neither the findings nor the pleadings sustain the judgment and that prejudicial error was committed by the court in denying a motion to allow plaintiffs to amend their complaint at the trial.

The controversy arose as a result of an exchange of real properties which was had between parties to the action. Plaintiffs were the owners of eighty acres of land in the state of Texas. Defendants were the owners of a lot in the city of Riverside, California. Plaintiff C. F. Berry was, at the time of the transaction, a resident of the city of Riverside. W. E. Berry, a son, was part owner in the Texas land, and he resided outside of the state of California. The entire transaction, in so far as the plaLmu were concerned, appears to have been conducted by C. F. Berry. The complaint in this action stated a cause of action to rescind the contract of exchange upon the ground of alleged fraudulent representations made by defendant George W. Crowell…