Fabian v. Alphonzo E. Bell Corp.

From a judgment in favor of defendants after trial before the court without a jury in an action to rescind a contract for the purchase of real property and to recover the value of improvements placed thereon, for the reason that the contract had been induced through (1) fraud, (2) misrepresentation, (3) nondisclosure of material facts, (4) mistake, and (5) failure of consideration, plaintiffs appeal.

For the purpose of this appeal we may assume the following facts:

On or about July 9, 1935, plaintiffs purchased from defendants a parcel of real property located in the county of Los Angeles. At…