California Court of Appeal April 8, 1940, Civ. No. 11338 (Stowe v. Kaetzel)

STURTEVANT, J.

This is an action brought by the plaintiff against the defendants to rescind the written contract of sale and deed and to recover the purchase price paid for certain real property. The action is in two counts. The first count is to rescind the contract and deed. The second count is to recover damages.