Stevens

This is an appeal from a judgment of rescission of a contract on the ground of fraud. By the terms of the agreement respondent was granted exclusive sales rights of a certain patented automobile inner tube called the “Boggs Compression Inner Tube,” within the entire territory of Idaho, as will more specifically appear.

The U. S. Compression Inner Tube Company, a of Tulsa, Oklahoma, was the owner and manufacturer of the “Boggs Compression Inner Tubes,” which were by two patents issued by the government in 1917. The right to sell said tubes within certain states was granted by said owner to appellants October 9, 1919. In consideration of the sum of $13,845 the appellants granted to respondent, by a written agreement dated 16, 1921, the absolute exclusive right' to sell said tubes within the county of San Diego, state of California. The purchase price consisted of respondent’s promissory note in the sum of $8,845 and a cash payment in the sum of $5,000. Of the cash payment $500 was subsequently funded upon a modification of the contract. On July 20, 192d, the contract was so changed that instead of the county of San Diego the state of Idaho was designated as the territory. A new…