Pozen

This is an appeal from a money judgment rendered in favor of plaintiff and against the defendants for the sum of $836.75 and costs.

As determined by the trial court, the facts of the case in substance are that plaintiff paid to defendants the sum of $836.75 on the promise made to plaintiff by defendants that they would “furnish tickets to cover three fares, third class, prepaids, from the city of Odessa, Russia, to the city of Los Angeles, California, for the relatives of said plaintiff herein”; that defendants would cause such immigration of the said persons within three months from the date of the receipt of said money; or in the event that defendants were unable to bring about said immigration, defendants would return to plaintiff the said sum of $836.75; that notwithstanding the fact that a period of more than three months elapsed after the payment of the money to defendants, the said relatives of plaintiff were not furnished with said transportation tickets, and defendants failed and refused to return to plaintiff the said sum of $836.75, or any part thereof.

The appeal comes to this court by the so-called “alternative method.” Although .the brief filed herein contains no…