Blodgett

An appeal from a judgment in an action to recover a commission upon the sale of real estate' and for damages.

The defendants filed separate demurrers to the complaint, which were sustained, following which a motion for leave to amend the complaint was denied and judgment entered for the defendants.

Appellant contends that the trial court erred in sustaining the demurrers and in denying his motion for leave to file an amended complaint.

The original complaint alleged that defendant Rowlet was the owner of 4.14 acres of land situated in the Rancho Atascadero in San Luis Obispo County, and that defendants deal owned two lots on the corner of Salinas and Carpinteria Streets in the city of Santa Barbara, both parcels being particularly described in the complaint; that Rowlet on or about February 16, 1924, subscribed and delivered to appellant a writing which was as follows: “For the three bungalows on corner of Salinas and Carpinteria I will offer $14,000.00 in the following way: Assuming the $6,000.00 mortgage, put in as payment my 4.14 acres in Atascadero and $8,000.00 in cash on delivery of a clear title excepting the six thousand encumbrance stated above; providing I have no…