Teresi

This appeal is by the plaintiff from a judgment against him in an action in which he sought to recover $5,000 from the defendants. It was alleged that the money became due to the plaintiff because of the following facts: On December 19, 1919, the plaintiff, on behalf of defendant, Antonio Wm. Eusso, entered into a written agreement with the defendant Paul L. Cavala, as agent for the defendants S. J. Maseovich and B. L. Maseovich, his wife, subject to the approval of- said defendant Antonio Wm. Eusso, for the purchase by said defendant Antonio Wm. Eusso from said defendants S. J. Maseovich and B. L. Mascovich of a certain tract of land situated in the county of Santa Clara, state of California, consisting of 126 acres of land, for the sum of $135,000. By the terms of this contract $5,000 was to be paid upon the execution and delivery of the agreement and the balance in installments provided for in said agreement. Upon the execution and delivery of the agreement plaintiff paid to defendant Cavala $5,000 upon the alleged express understanding that Cavala would hold said sum pending the receipt of the approval or disapproval of said agreement by said Eusso, who was then residing in…