Jones

This is an action for the rescission of a contract and for damages for its breach. Defendants had judgment on motion for a nonsuit.

The following facts are alleged in the complaint: That, on July 20, 1910, plaintiff and defendant, Bay Cities Electric Company (hereinafter referred to as Bay Cities Company) entered into the contract attached to the complaint as exhibit “A”; that, about October 9, 1910, defendant, United Electric Vehicle Company (hereinafter referred to as the United Company) was incorporated and thereafter the Bay Cities Company transferred to its codefendant all its property of whatever nature, including all its interest in the contracts made and entered into by the Bay Cities Company and plaintiff, and the said United Company “carried on and conducted with plaintiff all the business and transactions done and had with plaintiff under and pursuant to said contracts and agreements”; that, at the time of making said contract, exhibit “A,” said Bay Cities Company was engaged in the business of dealing in and handling automobiles, at No. 1554 Van Ness Avenue, in the city of San Francisco, and at the time owned, in said place of business, certain personal property,…