French

This is an appeal by the plaintiff from a judgment rendered and entered against him by the superior court of San Mateo County.

The action was instituted for the purpose of' recovering judgment for the sum of $27,750, the major portion of which sum is for damages for the alleged breach of a contract for the sale of certain real estate, five thousand dollars of the balance representing the sum deposited, at the time of the execution of said contract, by the intending vendee, one George W. Phelps, as a payment on the purchase price, and two hundred and fifty dollars thereof for the expense incidental to the examination of the title to the property involved in the agreement and preparing the necessary papers.

It is alleged in the complaint that, prior to the commencement of the action, said George W. Phelps assigned the claim declared upon to the plaintiff.

The land affected by this controversy is situated in the county of San Mateo, and it appears that, on the seventeenth day of December, 1906, the defendant, by a writing, conferred upon the real estate firm of Filcher & Cox, having offices in Redwood City, in said county, the authority and right “to sell, and they are given…