Wild

This is an action for the rescission of a contract. Judgment was entered in favor of the defendants. The plaintiff's appeal.

The only point presented for a reversal of the judgment is the insufficiency of the evidence to justify the findings of fact. The evidence taken at the trial is not before us. There is neither a bill of exceptions prepared in accordance with section 650 of the Code of Civil Procedure nor a transcript of the evidence under the provisions of section 953a et seq. of said code. We are, therefore, precluded from examining the evidence. (Bell v. Brigance, 194 Cal. 445 [ 229 Pac. 27 ]; Philbrook v. Randall, 195 Cal. 95 [ 231 Pac. 739 ].) Under such circumstances the findings of the trial court must be accepted as the facts of the case. (Spring Valley Water Co. v. County of Alameda, 88 Cal. App. 157 [ 263 Pac. 318 ].)

Plaintiffs claim that the title to a certain automobile which they received under the terms of the contract never vested in them and, therefore, there was a failure of consideration. (Sec. 45 (e), p. 402, California Vehicle Act of 1925.) On this subject the court found: “That on or about the 23d day of November, 1923, and within a reasonable time…