Renner

Appellant filed an amended bill of complaint praying .for judgment determining an amount allegedly due under a contract to purchase real property made by appellees, fixing a reasonable time for payment of the same, and, upon- default in such payment, foreclosure of the contract. Appellees filed a cross-complaint alleging rescission of the contract bepause of false representations, and praying, judgment for the money they had expended in connection with the property. The decree dismissed the bill and gave judgment for appellees in the sum of $4,767.19 with interest, from which this appeal is taken.

Appellant is a corporation organized under the laws of Great Britain and Ireland. Appellees are husband and wife. On and prior to August 1, 1927, appellant was the owner of 180 acres of land in Cassia county, Idaho. The land included 3 parcels in one section: (1) the N.% of the N.W.%; (2) the N.% of the S.E. %; and (3) the N.i/2 of the S.E.% of the S.W.i/4.

On that date it entered into an agreement with appellees, by which appellant agreed to sell appellees the land “Together with any and all water rights decreed or otherwise appurtenant thereto, for the sum of * * * $8200.00 * * *…