Kretzschmar

The judgment, from which this appeal is taken, gave to respondents the sum of $1750, and provided that appellants take nothing by their cross-complaint.

The action as instituted by respondents was one for fraud. The appellants filed an answer to respondents’ complaint and also a cross-complaint by which they sought to quiet title, as against respondents, to the lot or parcel of land involved in the cause of action as alleged by respondents in their complaint. The various transactions had by appellants in reference to the real property here involved were had with respondent Josie Kretzschmar. It would appear that her husband, Fred Kretzschmar, was joined in the proceeding merely by reason of his marital relationship.

The facts from which this controversy arose present but few conflicts of evidence and are as to most of the material issues undisputed. The evidence introduced at the trial was in large part documentary. Respondent Josie Kretzschmar on February 14, 1924, entered into a written option to purchase from appellants a certain lot or parcel of real property for the sum of $2,500 upon terms in said option specified. This instrument contained the following clauses: “It is…