Baines

Appellant by his complaint, which contained three counts, alleged in the first the purchase by him of a certain one hundred-acre tract of land from defendant, upon the purchase of which he had paid $2,500; that the contract of purchase was evidenced by a receipt which upon its face stated that the money was received as “part and first payment on one hundred acres of land at Delhi, Merced Co., .Cal., being lots 19, 20, 22,” etc., “of see. 8, Twp. 6 S., R. 11 E., M. D. B. & M., price $5,000; balance to be secured by two notes and mortgage, payable in equal installments and due on or before two and three yearn, at 7% interest; interest payable semi-annually.” That the lots designated were subdivisions delineated upon a map made under defendant’s supervision, and with reference to which map the purchase was made; that such map was not recorded at the date of such alleged purchase and payment of money: that plaintiff ascertained after such contract was made the nonrecordation of said map. In his second cause of action, after alleging the contract and purchase, plaintiff alleges that the sum of $2,500 was deposited with defendant to be returned if a good and sufficient deed were not…