Miles

This action was commenced by complaint filed December 21, 1920, to enforce rescission of a contract entered into on the thirteenth day of December, 1920, between the plaintiff and the defendant Bybee, whereby plaintiff agreed to purchase from Bybee a certain restaurant property in the city of Los Angeles. It was alleged that defendants Zadow and Roddle were doing business under the name of Title Guarantee Sales Company, and that, upon entering into said contract, the plaintiff paid over to Zadow and Roddle, as escrow holders, the sum of seven hundred dollars to be delivered by them to Bybee 11 after all bills are paid and title shows clear.” It was alleged that in making said purchase the plaintiff relied upon certain false representations made by the vendor, and that upon discovery that these representations were false, the plaintiff gave notice of rescission and demanded the return of said sum of money paid by him as part of the purchase price, and that defendants had failed and refused to make such repayment.

In a second cause of action these same facts were alleged, together with a further allegation that on the date of the contract “the defendants received from the…