Krause

This is an appeal from a decree rescinding a contract to purchase real property, and refunding the purchase price thereof, on the ground of fraud.

June 12, 1923, plaintiff entered into a written contract with the defendants Gilkey and Leeston-Smith to purchase “Lot 6, No. A, Tract 6743, being a subdivision of the east 19.80 acres of Lot 4, Range 7, of the Temple & Gibson Tract in the County of Los Angeles, as per map recorded in Book 32, page 64, Miscellaneous records of said county, in the Tract No. 6743 as per map recorded in Book-, Page-of maps in the office of the County Recorder of Los Angeles County, California,” for the sum of $2,000, to be paid in specified monthly installments. The last installment of the purchase price of this lot was not paid until June 8, 1925. This appeal is on the judgment-roll only, and the evidence is not before this court.

The plaintiff alleged, and the trial court found, that in procuring the contract to purchase the lot in question, the appellants Gilkey and Leeston-Smith exhibited to respondent what purported to be a blue-print copy of the map of said tract No. 6742, showing the dimensions of said lot, and then represented the fact to be that…