California Court of Appeal June 11, 1908, Civ. No. 496. (Winchester v. Becker)

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ALLEN, P. J.

Appeal by defendant as cross-complainant from an order granting a new trial.

The action was brought by plaintiff for the rescission of a real estate contract, and in ejectment. The defendant answered and filed a cross-complaint, praying for a specific performance of the contract sought to be rescinded.