Hubbard

The plaintiff had judgment for the return of money theretofore by him paid to the defendants for and on account of the purchase price of certain real estate under a certain writing purporting to be an agreement of purchase and sale. From this judgment the defendants appeal.

The findings of the trial court, sustained by the testimony, show the following: That on or about the fourth day of November, 1923, the said plaintiffs and defendants entered into a writing by the terms of which the defendants purported to sell, and the plaintiff purported to buy certain real property therein referred to as lot 18 of tract proposed to be numbered 4175, being a portion of lot 13 of subdivision of Rancho La Canada, as per map of said lot now on record in book 4 at page 351, Miscellaneous Records of Los Angeles County. The court found that the map referred to was a private map, and then found as follows: “That said private map had not been, at that time, and was not until the 24th day of April, 1925, filed for record in the office of the County Recorder of the County of Los Angeles.” The court further found that the plaintiff knew, at the time he purchased the premises and executed the said…