Newcomb v. Title Guarante & Trust Company

GEARY, J., pro tem.

This is an appeal from a judgment rescinding an • installment agreement for the purchase and sale of a lot in Burbank, California, and for the recovery of the money theretofore paid on the purchase price, based upon the ground that the sale was brought about by means of false and fraudulent representations.

The record title to the lot stood in the name of the Title Guarantee and Trust Company; and as owner it executed said agreement and accepted all payments made thereunder by respondent, as purchaser. The sale was negotiated and the alleged fraudulent representations were…