Ericson

This is an appeal from a judgment of rescission of a contract to purchase personal property. It is contended the findings fail to support the judgment, and that the appellants were prejudiced by irregularity of proceedings by means of which a minute order reciting that judgment would be awarded the defendants was set aside and findings and judgment were subsequently adopted and rendered in favor of the plaintiff. The appeal is presented on the judgment-roll alone.

The complaint alleges the execution of a contract between the parties hereto for the purchase and sale of a “grocery, lunch and gas business” together with “all stock fixtures and equipment” thereof, for the sum' of $1975; that the de fendants fraudulently represented and stated to the plaintiff that the “net profit of the business . . . had been, was and would be $400.00 per month, and that the gas pump had [been] and was earning . . . $100.00 per month; that the stock in trade would at that time inventory at wholesale prices, not less than $500.00”. Other allegations of fraud were specified, which are unnecessary to recite for the purposes of this appeal. The defendant’s answer controverted the necessary allegations…