Kahn

Alleging that the failure, due to bad faith, of appellant to perform under a written agreement for the sale and conveyance of real property, respondent brought an action in the Superior Court of Los Angeles County for damages for breach of contract and was awarded judgment in the sum of $5,000 and interest. This appeal has been brought on the grounds of insufficiency of the evidence and errors in law.

Negotiations for the purchase and sale of the timberland involved in this lawsuit took place both by correspondence and telephone, and over a somewhat protracted period, since respondent resides in Portland, Oregon, the appellant in Los Angeles, and the real property is located in Humboldt County. The parties never met.

On December 29, 1950, respondent sent a letter to appellant inquiring whether the property was for sale. On January 2, 1951, appellant replied that he was interested in selling and asked about the fair market value. Under date of January 9, respondent wrote that it was difficult to make an offer without legal description of the property and asked for the legal description and the annual taxes. On February 7, appellant provided the legal description and assessed…