Walkup

The appeal is from the judgment and order denying the motion for a new trial in an action to recover six hundred and seventy dollars, alleged to be the balance due of the first payment under a written contract for the sale of certain real property located in Placer County. It is not disputed that the parties executed said contract, nor is it contended that anything therein contained is against public policy. It is not claimed that any element of unfairness or injustice appears upon its face and it is admitted that appellant paid to respondent the sum of fifty dollars only.

There seems to be nothing obscure in the language of said contract and its purport is easily understood. It was dated February 15, 1912, and therein appellant bound himself to pay one thousand eight hundred dollars for a certain forty-acre tract of land, to pay seven hundred and twenty dollars of this on the said fifteenth day of February and the balance on September 1, following, and to make certain enumerated improvements on said land. Appellant further agreed that respondent should act as his agent for the resale of said forty-acre tract and he promised to devote his time, attention, and ability to the sale…