Kowal

Plaintiff appeals from an order of dismissal entered after the court below had sustained defendants’ demurrer to his amended complaint without leave to amend. Appellant now contends that his amended complaint stated a cause of action, and, alternatively, that it was an abuse of discretion to deny him leave to amend further. We conclude that the complaint does state a cause of action, and that the order appealed from should be reversed. .

The following statement of facts is taken from appellant’s first amended complaint: “That on or about June 12, 1970 the plaintiff and defendants entered into an agreement in writing whereby the plaintiff agreed to buying and the defendants agreed to sell the aforesaid real property. A copy of said agreement is attached hereto as Exhibit ‘A’ and incorporated herein.

“That in furtherance of the terms as provided in the aforesaid agreement as set forth in paragraph V, and in partial consideration thereof, the plaintiff has given and the defendants have taken for their own use and benefit, a certain 1970 Volkswagen automobile.

“The plaintiff has expended various sums of money and has incurred obligations on the assumption of and on the…