Coberly

In this action plaintiffs sought damages for the alleged failure of defendant to purchase the capital stock of a Mexican corporation which was engaged in the business of selling V-W automobiles in Tijuana and other points in Lower California. Findings and judgment were in favor of defendant and plaintiffs appeal. The appeal is on the judgment roll and presents an exceedingly narrow question.

Defendant’s agreement to purchase was subject to the condition that he could “rescind” the agreement, meaning that he could withdraw from it, in certain circumstances.

It is not denied by plaintiffs that defendant had a right to withdraw from the agreement upon discovering that he could not operate the business under conditions that would be satisfactory to him. The sole contention is that he did not give plaintiffs proper and sufficient notice of his intention to withdraw. We must agree with the trial court that plaintiffs were properly informed of defendant’s intention and of his election to terminate the agreement.

The agreement contained numerous representations on the part of plaintiffs, and it also provided that the buyer should have access to the books and records of the corporation,…