Taber

This is an action, for the rescission of a contract for the purchase of a certain lot designated as lot 35 in block D upon defendant’s map of Piedmont Knoll, Oakland, and to recover judgment for the money paid on account of said purchase. Plaintiff had judgment as prayed for from which, and from an order denying its motion for a new trial, defendant appeals.

The pleadings are verified and most of the material averments of the complaint on which plaintiff relies were denied in the answer. As the findings follow quite closely the averments of the complaint the issues will sufficiently appear from the findings of fact, which we proceed to state.

Plaintiffs are husband and wife. Defendant was, at all times mentioned in the complaint, the owner of lots 34 and 35 in said block D, and one Andrew McFarland was defendant’s agent with authority “to exhibit the lands and negotiate agreements of purchase of the lands of defendant.” The folloiving sketch of part of block D is necessary to an under- . standing of the findings and testimony in the case:

On May 10, 1910, plaintiffs inspected the land under the direction of McFarland, “as agent of defendant, for the purpose of selecting, and…