Mosher

This is an action to rescind a contract to purchase lands on the ground that the contract was entered into as a result of false and fraudulent representations and mistake in regard to the amount of land conveyed. The case was tried by the court without a jury and findings were made establishing the mistake but negativing, the fraudulent representations^ a judgment was given for plaintiff from which this appeal is taken by the defendant under the alternative method. ,

By the terms of the contract in question, which was made on November 2, 1914, the appellant agreed to sell and the respondent agreed to buy, for the sum of six thousand three hundred dollars, an undivided one-half of a piece of land described by metes and bounds and “containing eighty acres mo're or less. ’ ’ The purchase price was to be paid as follows: one thousand five hundred dollars at the time of the making of the agreement, $650 twelve months thereafter, two thousand dollars two years thereafter; and as a credit upon the purchase price to the extent of nine hundred dollars, the respondent agreed to execute and deliver to the appellant a deed to certain real property in Shasta County known as the “old Graham…