Schalow

Stating the evidence most favorable to the respondent, in March of 1950 the parties to this action entered into an oral agreement whereby respondent agreed to sell and appellants agreed to buy certain improved farm property in Merced County. The agreed price of the property was $24,000. In order that the appellants might obtain a loan to carry out the deal respondent then sold and conveyed to the Department of Veterans Affairs who, concurrently with said transfer, advanced the sum of $13,000 to the respondent and then entered into an agreement for the sale of the property to the appellants on long term installment payments. In addition to the $13,000 advanced by the department appellants transferred a $1,500 equity in other real property to respondent.

In April of 1956 respondent brought this suit against her son and his wife to collect the balance due her for the property, i.e., $9,480, which she alleged the appellants promised to pay her in $1,000 yearly installments commencing March, 1952.

In addition to the causes of action to recover on the real property contract the complaint contained a cause of action to recover rentals which Frank C. Schalow, as respondent’s agent, had…