Mills

The plaintiff commenced an action against the defendant to obtain a rescission of a contract to purchase two lots in the town of Richmond, Contra Costa County,. California. The trial court sustained a demurrer to the plaintiff’s amended complaint and she, declining to amend, judgment went for the defendant and the plaintiff has appealed.

In her amended complaint the plaintiff sets forth that on the first day of February, 1913, she agreed to buy of the defendant’s assignor two lots at five hundred dollars each, and to pay thereon ten dollars down and ten dollars per month until the full purchase price had been paid, and that in consideration therefor the said Herbert F. Brown agreed that he would, when all payments had been made, execute and deliver to plaintiff a good and sufficient deed to said premises and also, “The seller agrees to grade the street and place concrete sidewalks and redwood curbs in front of the within mentioned lot.” That the said Herbert F. Brown transferred said contract to the defendant, which accepted the same, and agreed to fulfill all of its terms; the plaintiff made all payments, and the defendant did, on the nineteenth day of December, 1919, make and…