Poetker

This is an action to recover the sum of $1,000 paid by the plaintiff to defendant during the pendency of negotiations for the purchase and sale of a tract of land in Fresno County. Judgment went for plaintiff in the trial court and defendant appeals. The record discloses that the title to the tract of land involved in this litigation was vested in one Beshaw, subject to a mortgage of $7,000; that there was an agreement by Beshaw to convey to one Wickstrom, who in turn had agreed to convey to the defendant; a crop contract with the California Raisin Association and a renewal option, which together covered a period of six years. The plaintiff, after having been shown the property by a real estate agent, went to the defendant and as a result of their negotiations the following writings were signed:

On December 6th the defendant wrote to the assistant cashier of the First National Bank with whom all the papers were deposited as escrowee as follows: “ . . . would you be so kind and meet me at your house or some place that you choose to designate next Saturday night at 8:00 p. m. or near that time, where I might also meet J. D. Poetker, in order that I may finish the deal, or rather…