Meinhardt

This is an appeal from a judgment against plaintiffs for failure to amend a pleading after a general demurrer had been sustained to a third amended complaint. The suit was for fraud exercised in procuring a contract for the sale of a lot in Los Angeles, California.

The amended complaint to which a general demurrer was sustained with leave to amend, set up an action for damages based upon fraudulent representations regarding the location and boundaries of a lot which the assignors of plaintiffs were thereby induced to purchase.

The complaint alleged in substance that on November 14, 1924, the defendants who owned the land involved in this action, together with the tract surrounding it, executed a contract to sell the lot to George and Clara Jackson for $1200, payable in installments of $25 a month until the purchase price was fully paid, with seven per cent interest per annum on all deferred payments. The property was described as the “East 40 feet of the West 120 feet of the South 101 feet of lot One, Tract 1750, as per map recorded in Book 20, page 157 of Maps,” in the county of Los Angeles, California, that on February 7, 1925, for a valuable consideration, the above-named…