Const., Fourteenth Amendment. Equal Protection......414, 415, 419 42 REPORTS OF CASES DETERMINED IN THE DISTRICT COURTS OF THE STATE OF CALIFORNIA. [Civ. No. 2650. Second Appellate District, Division One.-June 27, 1919.] AUGUST VOLLMER et al., Respondents, v. ALFRED A. WHEELER, Appellant. [1] REFORMATION OF CONTRACT-DISCOVERY OF FRAUD AND MISTAKEINSUFFICIENCY OF COMPLAINT.-Where the complaint in an action for the reformation of a contract on account of alleged mistake and fraudulent representations made by defendant is silent as to when the fraud and mistake, on account of which it is sought to reform the contract, was discovered, it is subject to demurrer. [2] ID. DELAY OF FIVE YEARS-STATUTE OF LIMITATIONS.-Where the plaintiffs in such action had discovered the fraud and mistake more than five years prior to the commencement of the action for the reformation of the contract, the action was barred by the statute of limitations, and the court, on the trial thereof, erred in receiving parol evidence introduced touching the question of the reformation of the contract. [3] PARTITION-PROPERTY HELD UNDER JOINT SALE AGREEMENT EQUITY. In an action in partition by the owners of an undivided three-fourths interest in a tract of land, if a partition cannot be made without great prejudice to the joint owners, a court of equity may decree a sale of the property, notwithstanding the property is held under an agreement that a sale and conveyance shall only be made by all the parties uniting in a joint transfer thereof and the defendant, the owner of the other one-fourth interest, refuses to join therein. APPEAL from a judgment of the Superior Court of San Luis Obispo County. Thomas A. Norton, Judge. Affirmed in part; reversed in part. 42 Cal. App.-1 (1) |