Shiba

This appeal is taken from a judgment entered upon an order sustaining a demurrer to the complaint without leave to amend. Plaintiffs have made no request to file an amended complaint. Plaintiffs and defendant, we assume from their names, are of Japanese blood, but by the allegations of the complaint they were born in the United States, and are, therefore, entitled to all the privileges that a native-born citizen is entitled to enjoy. On February 17, 1930, as alleged, plaintiffs executed and delivered to defendant a deed to a portion of a certain described city lot situate within the city of Sacramento, this state. The consideration, $4,000, was paid by defendant to plaintiffs and the transfer was completed. It is next alleged as the crux of the cause of action and as grounds of rescission, that on May 6, 1930, “plaintiffs learned for the first time that defendant was not in fact the real purchaser of said property, but he bought said property for and on behalf of one Genkicki Akahoshi; that said Genkicki Akahoshi was and is a native of Japan and is ineligible to own and acquire real property in the state of California; that defendant acquired the purchase price of said Genkicki…