Mahoney

This is an appeal from a judgment'in favor of the purchasers for money paid toward the purchase price of a coin-operated vending machine route in the Victorville-Apple Valley area. Judgment was rendered without segregation as to • amount, against Lee Felkins, A. T. Felkins and William Leerskov individually and doing business as Felton Music Company (hereinafter referred to as “Sellers”), and the business opportunities broker Badger Sales Company, Inc. (hereinafter referred to as “Agent”), which broker acted as Agent for the ■ Sellers. The Agent alone has perfected its appeal.

The action for rescission is based upon certain misrepresentations of fact made by Sellers and Agent that the route was grossing the Sellers a weekly profit of $1,450, whereas it was found to be grossing less than $1,000 per week. In the coin-operated machine business the term “profit” is defined to mean the route operator’s share of the gross money paid into the machine after the location owner has been paid his proportionate share, but before deducting route operating expenses.

. On appeal, appellant has argued the following:

The promissory note for $2,000 executed in favor of appellant Agent after…