Heden

The plaintiff brought this action in rescission and to recover money paid as vendee upon a contract with defendant Point Reyes Land Company for the, purchase and sale of farming lands.

The cause of action under the original complaint was based upon fraudulent representations alleged to have been made by defendants whereby plaintiff was induced to purchase.

The vendor, Point Reyes Land Company, was represented in the contract of sale by its selling agent, Locke-Paddon Company.

[1] The trial court found on the evidence that the plaintiff had been induced to purchase by false representations of the defendants. But it was further found that there had been laches on the part of plaintiff in giving notice of rescission, such notice not having been given for nearly two years after plaintiff went into possession of the land. It might be questioned from the evidence if some delay in declaring a rescission was not excusable. Whether such -finding of laches was justified cannot, however, be considered on this appeal, as plaintiff, against whom the finding was made, is not appealing.

It is, therefore, not necessary to go into details concerning issues presented by the original complaint…