Switzler

Action for rescission and recovery of partial payment. Plaintiffs had judgment and the defendant appeals.

On the twenty-seventh day of March, 1923, the plaintiffs and defendant entered into an agreement in writing by which the plaintiffs agreed to purchase and the defendant agreed to sell and convey a certain lot in the city of Fullerton, in the county of Orange, known as lot 40 in tract 460, said lot having, as specified in the contract, a frontage of forty-six feet on Roosevelt Avenue, the purchase price of the lot being fixed at the sum of $1,850, upon which the plaintiffs had made payments aggregating $785. The suit is founded upon the action of the defendant company in making a reservation ten feet in width in favor of the city of Fullerton along the entire south side of said lot 40, which left in the undis puted control and possession of the plaintiffs a lot only thirty-six feet in width facing Roosevelt Avenue. The contract or agreement of purchase referred to was entered into between the plaintiffs and the defendant prior to the recording of the map of the addition to the city of Fullerton. The complaint alleges, and the court so found, that after entering into the…