Armstrong

This is an appeal from a judgment of dismissal upon failure and refusal of plaintiffs to amend, after sustaining demurrer to their third amended complaint.

The present action was brought by plaintiffs against the defendant for damages resulting from alleged culpable negligence of defendant, as their attorney, in preparing findings in support of a judgment in favor of plaintiffs in an action to recover damages for deceit and failure of consideration in a real estate transaction.

It is alleged in the complaint in the present action that plaintiffs employed defendant to represent them and to prosecute an action to recover damages from Walter F. Rau and Mary Rau, arising on a transaction effecting an exchange of properties; that the property received by the plaintiffs here in such exchange consisted of an orange grove and improvements thereon, situated in the county of San Bernardino; that this property was accepted in the exchange transaction on the representation that it contained 55 acres; that it was disclosed after the deal had been consummated that it only contained 44.59 acres.

That an action for damages to recover the difference in value between the property as conveyed and…