Dunger

This action is brought for the purpose • of foreclosing the rights of certain vendees arising out of a contract of purchase and sale of real estate. The form of the complaint was that of an ordinary action to quiet title. In their final pleadings the defendants, by way of cross-complaint, “disclaimed any interest in the aforesaid property upon which the plaintiffs have brought suit to quiet title” and alleged the contract in question was procured through the fraud of the plaintiffs, to the damage of the defendants in the sum of $5,500.

The court gave judgment that the defendants “have no interest in or to the aforesaid real property, and plaintiffs are hereby adjudged to own and possess the aforesaid real property,” and also decreed that the defendants and cross-complainants recover damages from the plaintiffs in the sum of $5,500, together with interest and costs. From this judgment the plaintiffs appeal.

By the contract out of which the action arose the plaintiffs agreed to sell to the defendants 160 acres of land lying in the county of Tulare for the sum or price of $8,000, to be paid as follows, to wit: By the transfer by execution of a deed from the defendants to the…