Schnier

Plaintiff brought suit to recover the purchase price paid by plaintiff to H. B. Eshleman, doing business under the style and firm name of H. B. Eshleman Realty Company, for certain real property which was owned by defendants and which was being sold by Eshleman as the agent of defendants. Judgment was rendered for plaintiff, and defendants appeal therefrom.

Appellants were joint owners of certain real estate, the title being in the name of appellants J. Phil Percival and Eugene P. Fallís, as trustees for all of the owners. According to the testimony of respondent’s witness Raven, appellant Roberts, as part owner and agent of the other owners, approached the Eshleman Realty Company on the subject of taking over as agents and selling various lots in the tract of real estate. Subsequently J. Phil Percival and Eugene P. Fallís, as trustees, entered into a contract with H. B. Eshleman Realty Company for the sale of the lots described therein; the contract being as follows:

Thereupon Eshleman entered into the performance of the contract. A sales campaign was put on. Respondent, with others, was conveyed to the tract in a bus of the Eshleman Company. Respondent agreed to purchase one…