Hind

This is an appeal by the plaintiffs from a judgment following an order sustaining the defendants’ demurrer to the second amended complaint without leave to amend in an action for the rescission of a contract on the ground of fraud.

Stripped of its legal verbiage, and as stated by the plaintiffs in their opening brief, the averments of the second amended complaint may be summarized as follows: The plaintiffs are husband and wife. The defendants are the Hind Ranch Company, the California Pacific Title Insurance Company, the Hind Company, Inc., a corporation, Alice R. Hind, George U. Hind, and C. P. Chamberlain. In May, 1916, the plaintiffs were the owners of a 1,180 acre tract of land in Merced county. The defendant John Hind was the owner of 335.02 acres of land in Napa County. The property of the plaintiffs was subject to a first mortgage in the sum of $40,000, accrued interest in the sum of about $3,000, and water rates of about $1,800; said property and other property of the plaintiffs was also subject to two deeds of trust in about the sum of $26,500,. and certain judgments or attachments not exceeding the sum of $1,000. By the terms of an agreement (exhibit “A” attached to…