Connell

This is an action in which plaintiff seeks to rescind an exchange of two flats which belonged to her in the city of Oakland for timber land in Idaho, the property of defendant. The defendant having transferred the Oakland property,received from plaintiff to an innocent purchaser for value, judgment was rendered in favor of plaintiff rescinding the exchange, adjudging that plaintiff return the timber land to defendant, and that plaintiff have judgment against defendant for $7,500, the amount received by defendant from the sale of the two flats.

The following evidence is contained in the record: Plaintiff, a woman sixty-four years of age, owned two flats in the city of Oakland of the value of $7,500, which had been renting for $80 per month and also had $3,000 cash on deposit in an Oakland bank. J. Gr. Crawford, a real estate agent, had offices and was in the real estate business under the name of Shattuck Realty Company within two blocks of plaintiff’s property and at the time of the transaction in question was the husband of defendant Jennie C. Lewis Crawford. The plaintiff listed her property with Crawford to rent or sell. While the property was so listed and while Crawford was…