Hall

The action was brought to rescind, on the ground of fraud, a written contract for the sale of certain nursery stock, and the appeal is by the defendant from the judgment upon the judgment-roll. Said written contract' provided:

After an allegation of the execution of said contract the complaint proceeds:

The court found:

Among the conclusions of law is also this finding of fact:

It is apparent that the findings as to “all the material allegations,” etc., must be entirely disregarded. (Stampfli v. Stampfli, 53 Cal. App. 126 [ 199 Pac. 829 ]; Krug v. F. A. Lux Brewing Co., 129 Cal. 322 [ 61 Pac. 1125 ]; Holt Mfg. Co. v. Collins, 154 Cal. 265 [ 97 Pac. 516 ].)

We must look to the other findings to ascertain whether there is sufficient basis for the support of the judgment, and we are satisfied that they fall short of meeting the requirement of the law. The court does not find what false statement or statements were made by defendant to plaintiffs. It is not sufficient to declare that he made “untrue 'statements to plaintiffs regarding the number of dormant buds that would grow,” etc. Such a vague and indefinite finding as to the supposed misrepresentations, cannot be deemed of…