McCarty

The action was brought by plaintiffs for rescission of a certain contract or agreement for the purchase of fifteen acres of land situated, lying, and being in the county of Sacramento, state of California, made and entered into between the plaintiffs and the defendant on or about the ninth day of April, 1921. Cause of action, fraud and misrepresentations. The action was tried before the court sitting with a jury. The jury found in favor of the plaintiffs, the court approved the verdict of the jury, made findings of fact, drew its conclusions of law and entered judgment in favor of the plaintiffs for the cancellation of the contract referred to for the return of the sum of $1,000' paid by the plaintiffs on account of the purchase price of said land and also for the further sum of $600 damages suffered by the plaintiffs. The points tendered for consideration on this appeal are, first: Are the findings supported by the evidence ; second, is the judgment supported by the findings Í After finding the facts relating to entering into the agreement of purchase and price to- be' paid therefor, the court found as follows:

11 That on or about the twentieth day of March, 1921, while said…