Lucientes

Some time prior to November, 1954, de fendants Bliss listed for sale certain real property known as the Bliss Ranch, situated in Mendocino County, California, with William L. Auld, a real estate agent, for the listed price of $38,000.

On January 21, 1955, plaintiff and defendants signed a document entitled Deposit Receipt, with Auld as the agent signing the same, whereby plaintiff paid an additional $1,000, thereby increasing the deposits to $1,800 on account of a purchase price of $32,500, and agreed to pay the balance of the purchase price, or $30,700, into the Mendocino County Title Company by March 21, 1955. This agreement also contained the following clause:

On April 21, 1955, the entire balance of the purchase price of $30,700 was delivered to the Mendocino County Title Company, together with appropriate instructions to pay the sum to Bliss.

Thereafter, Bliss refused to sign the deed to the Bliss Ranch or to complete the transaction.

Plaintiff commenced this action in which he sought specific performance, and if this could not be had, then relief from forfeiture. Following a trial the court rendered judgment that plaintiff take nothing.

Appellant attacks the following…