Lebaron
Lebaron v. Berryessa Cattle Co.
Opinion
Lead Opinion
Nourse, J.
The plaintiffs, who are husband and wife and both minors, sued the defendant for the rescission of a contract for the'purchase of real and personal property, for the recovery of $20,000 paid under the contract, and for the cancellation of two promissory notes aggregating $30,000 and a promissory note of $55,000 and a chattel mortgage securing the same. Judgment went for the plaintiffs as prayed and the defendant has appealed upon the judgment-roll and a bill of exceptions.
On the 15th of November, 1920, the plaintiff Henry C. LeBaron was of the age of nineteen years and the plaintiff Leota LeBaron was of the age of seventeen years. They both sue herein through their guardian, Lora LeBaron, but the two minors will hereafter be referred to as the plaintiffs. On the date mentioned they entered into a written contract with the defendant corporation wherein the plaintiffs agreed to buy from the defendant real and personal property located in Napa County for the total purchase price of $340,000. Pursuant to the terms of the contract and at the time of its execution the plaintiffs paid to the defendant the sum of $20,000 in money and executed and delivered to it their two joint and…