Sherratt

This is an action for rescission of a contract to purchase real estate, and to recover the portion of the purchase price paid. The action is based upon the claim that the plaintiff was fraudulently shown a particular lot in a subdivision by certain of the defendants acting as agents for certain other defendants, and that after agreeing to purchase the property upon which they then stood, the plaintiff was given a contract for a different lot, being one that he had particularly refused to buy. This contract was dated November 10, 1924. There were no buildings on the lot, and the complaint alleges that the plaintiff first discovered he had been given a contract for a different lot on or about the eighth day of October, 1925; that he im mediately notified the agents who had sold him the property, and demanded that the agreement be corrected to describe the lot he had agreed to buy; and that from that day until the twenty-eighth day of October, 1926, the plaintiff and the defendant agents held numerous conferences in attempting to settle and adjust the matter, but upon the conclusion of these negotiations, the defendant agents refused to correct the agreement or to return the amount…