Folcey

Plaintiffs sued for the cancellation of a number of separate written instruments conveying separate pieces of realty and for an accounting of the rents, issues and profits of such realty. Demurrers to the fifth amended complaint were sustained without leave to amend, but the trial court granted plaintiffs leave to move to amend if a proposed amendment was presented with the motion. This was done and the trial court again denied leave to amend and entered judgment for the defendants. The plaintiffs appeal upon a typewritten clerk’s transcript which contains the fifth amended complaint and the proposed amendment.

In the fifth amended complaint it is alleged that the plaintiffs were owners of several distinct pieces of real property situated in Los Angeles and Imperial Counties; that on July 22, 1922, the defendants conspired for the purpose of defrauding plaintiffs out of said properties and that, as a part of said conspiracy, induced, plaintiffs to enter into a contract with defendants Hesse and wife for the construction of an apartment house building on one of said lots located in the Crown Hill tract in the city of Los Angeles; that, as a part of said conspiracy, the plaintiffs…