Collins

This appeal is taken from a judgment entered upon an order sustaining a demurrer without leave to amend to appellants’ second amended and supplemental complaint.

The complaint seeks specific performance of an agreement alleged to have been entered into on March 17, 1913, between appellants and respondent L. A. Blochman and E. A. Pano, predecessors in interest of respondent Etta A. Pano. This action was commenced September 14, 1927. Appellants seek to evade the statute of limitations, which would have long since barred the action, on the theory that it was commenced within three years after the discovery of the fraud which constitutes an important element of the action.

The principal facts alleged in the second amended and supplemental complaint and amendments thereto are as follows: In the year 1913 appellant Collins was the owner of certain real property in Kern County, California. Collins held legal title to the property for the benefit of himself and appellants Reynolds and Whitaker, to the extent of an undivided one-third interest in each of the three appellants. On March 17, 1913, appellants entered into an agreement with respondent L. A. Blochman and one E. A. Pano whereby…