Munson

This is an appeal from a judgment on demurrer entered in favor of the defendants and against the plaintiff. The action was brought by the plaintiff for the rescission of a contract by which he subscribed to a syndicate to be formed by the defendants to acquire certain land, or for damages if rescission should be found to be inequitable.

It is alleged in the complaint that the defendants, J. E. Fishburn, president of the National Bank of California ; R. I. Rogers, vice-president of said bank; R. A. Rowan & Company, a corporation, and W. H. Joyce, were the owners of options to buy a certain tract of two thousand eight hundred acres of land in Los Angeles County; that a syndicate was formed for the purchase of said land; that for the purpose of inducing the plaintiff to subscribe for shares in the syndicate and thereby become a copurchaser of the- land with the ' defendants and other subscribers, “defendants and each of them represented to plaintiff that the defendants R. A. Rowan & Company and W. H. Joyce were the owners of the options to purchase the land”; that the price to the subscribers to the syndicate was $850 pér acre, payable as follows: Nine hundred and twenty thousand…