Azarello

Action by plaintiffs for rescission of deed to real estate based upon fraud and failure of consideration. At the conclusion of the plaintiffs’ case judgment of non-suit was entered and the plaintiffs appeal.

In all essential particulars this is a companion ease to that of Mascro v. Bessolo, ante, p. 262 [ 262 Pac. 61 ], in action Civil No. 3364, this day decided by this court. All the authorities cited in that case are pertinent here, save and except as to those relating to the court granting a nonsuit for reasons not stated in the motion therefor.

The complaint in this action involves twenty-three acres of land situate in the same vicinity as the 10 acres of real estate involved in action Civil No. 3364, and was to be used by the defendant for the same purposes. In the complaint herein it is set forth, among other things, that the defendant represented to the plaintiffs that if the plaintiffs would transfer to the defendant said twenty-three acres of real property, the defendant would transfer to the plaintiffs equities valued at $9,000 in thirty-eight patents, including a patent covering the valuable oil tongs manufactured by the defendant, and in addition thereto would pay…