Hartman

This is an appeal by the plaintiffs from an order of the trial court dismissing their complaint as to the Bank of America National Trust & Savings Association, one of several defendants. The Bank’s motion for dismissal was made upon the ground that no cause of action was stated against it because the matter was res judicata under an order and a decree of the California probate court, referred to in the complaint, and because the action was barred by limitations and laches.

The action is for fraud, and seeks recovery of $3,000,000, an accounting and other relief. The complaint occupies forty-five pages of the transcript and is too long to set out herein, but its allegations, which for the purpose of this appeal must be accepted as true, may be summarized as follows:

In May 1933 two attorneys, partners practicing in Nevada, informed Mrs. Dole, a client residing in San Mateo County, California, that a certain mining property in Mono County, California, was about to be sold at a receiver’s sale, that the price would probably be about $18,500, that a deposit of only ten per cent would be needed at the time of purchase, and that the balance of the price could readily be obtained by…