De Brito v. San Diego Packing Co.

THOMPSON (V. N.), J., pro tem.

This action was brought by plaintiffs and appellants against defendant and respondent for the purpose of recovering the amounts of certain payments totaling $4,067.21 claimed by them to have been made only as “deposits” upon the total purchase price of $12,000, in pursuance of the terms of a written contract for the purchase of a certain fishing boat named “Shina No. 2”. Upon the execution of the contract, July 21, 1928, possession of the boat was delivered to appellants. The complaint in effect purports to set forth a rescission of the contract, and a right to…