Pendell

Plaintiff sold an automobile truck to defendant. This action was instituted for the purpose of enforcing a collection of the selling price. Defendant cross-complained for a rescission of the contract of sale, on the ground that the transfer was brought about by means of fraudulent misrepresentations made by plaintiff to him concerning the truck. In his answer to the cross-complaint plaintiff alleged the reasonable rental value of the truck for the period during which defendant had it in his possession, alleged that defendant used it in his business during the period, and demanded judgment for the reasonable rental value of the vehicle. A judgment of rescission was rendered under the allegations of the cross-complaint, but the trial court did not find upon the issues supporting plaintiff’s demand for judgment for reasonable rental, and rendered judgment that plaintiff take nothing because of the action. Plaintiff appeals.

It is contended that the evidence was insufficient to support the finding that appellant made the misrepresentations with which he was charged in the cross-complaint. It is apparent from the manner in which appellant argues this question that the point is without…