Colton

This is an appeal by the plaintiffs from a judgment rendered and entered against them and in favor of the defendants.

The controversy leading to the action arose over a sale of a tract of land in Sacramento County by the defendants to the plaintiff, Carl A. Nelson. The claim of the plaintiffs is that, in the negotiations resulting in the sale, the defendant, B. F. Colton, falsely represented to the plaintiffs that the land in question embraced at least 263 acres, a survey of the land after the sale having disclosed that the tract sold contains 240.52 acres only.

The purchase price of the property sold was forty thousand dollars, and the principal object of the action is to secure an abatement of the purchase price “in the sum of $152 for each acre of shortage in the quantity of said land less than 263 acres,” to secure a reformation of the promissory note given by the plaintiffs to the defendants for the balance of the purchase price of the land and the trust deed given by the plaintiffs to secure the payment of said note, and to enjoin the defendants from selling or offering for sale the real property described in said trust deed for the purpose of satisfying said note.

The…