Dohrman

Plaintiff and respondent brought this action against defendant and appellant and one John G. McIntyre, sued under the name of John Doc McIntyre, for the rescission of a contract for the purchase by her from said J. B. Roof, Incorporated, of certain real property situated in the city of Los Angeles, state of California, and for the recovery of the sum of $3,850, paid by her on the purchase price of said property, together with interest on said amount from date of payment. The basis of her suit is alleged fraud and false representations made to her by said McIntyre while acting as agent of defendant, J. B. Roof, Incorporated, in the sale of the property.

In her complaint, she charges, that said McIntyre, as such agent of said J. B. Roof, Incorporated, with intent to deceive her, and to induce her to enter into said contract, falsely represented that the parcel of land she sought to purchase was larger in area than the parcel actually purchased, and also that such agent made to her certain false representations with reference to certain improvements to be made on property adjacent to the land' which she was purchasing.

Defendant, J. B. Roof, Incorporated, answered plaintiff’s…