Iusi

Defendants City Title and Peninsula Title appeal from a judgment of $1,038.70 entered herein in favor of plaintiff and against defendants. The two defendants are treated herein as one entity and will be referred to as “the title company.”

Plaintiff is a real estate broker. He acted as such for one Maneuso and his wife in the sale of two parcels of land owned by them. The nominal purchaser was one Frances King, acting as a “dummy” for one Israel Bafkind. One Fetzer, a real estate broker, acted for Bafkind.

On January 14, 1956, two standard form deposit receipt agreements were signed by the two brokers and (purportedly) by Frances King. One of the plaintiff’s salesmen, Thompson, then presented the agreements to the Mancusos and they signed.

Each agreement recited that plaintiff had received $1,000 from the title company as a deposit on the purchase price of the parcel therein described. Each provided for additional amounts of $7,750 and $13,121.25, respectively, to be paid into the title company’s escrows within 90 days after the date of the agreements.

The agreements further provided that, in the event these additional payments were not made within said 90 days, the amount of…