Gustason

This is an appeal from a judgment dismissing appellant’s complaint without leave to amend. The complaint alleges, substantially, lhafc in May, .1929, plaintiff entered into agreements of sale with the California Trust Company, defendant/appellee, pursuant to which California Trust Company agreed to sell and plaintiff agreed to buy certain real property situated in Los Angeles county, Cal., for a named price, payable in *766 five annual installments; that plaintiff was induced to execute the agreements of sale by reason of certain representations and statements made to him by the defendants, to the effect that the “unimpaired fee title to said premises was held by defendant California Trust Company and that defendants herein and their successors or assigns were then and would always be able to furnish plaintiff with a certificate or guarantee of title issued by a reputable title company, showing the fee title to said premises as vested in defendant California Trust Company free and clear of encumbrances at the date of the execution of such agreements”; “that said representations and statements and all of them were false and untrue, and were known by defendants herein to be false…