Menveg

This is an action for specific performance. Judgment was rendered in favor of plaintiff and from this judgment defendants have appealed.

Substantially, the facts are as follows: On February 14, 1927, appellants Rufus H. Fishbaugh and Rosella S. Fishbaugh, residing at Markle, Indiana, were the owners of two certain lots in the city of Wilmington, Los Angeles County, California, and on that day appellant Ernest C. Fishbaugh, the son of the said Fishbaughs, without the knowledge of his said parents, signed a written contract by the terms of which he agreed to sell to respondent the said two lots for the sum of $4,000.

Respondent signed the said contract as purchaser. It was also signed by T. C. Thompson & Company by E. A. Murphey as agent. At the time this agreement was executed Ernest Fishbaugh was paid $100 and same was credited to respondent as a deposit on account of said purchase price.

On the same day this contract was signed Ernest Fishbaugh sent a telegram to his father stating that he had sold the lots for $4,000 and for him to send deeds and papers at once, and on the next day he received an answering telegram from his father congratulating him on the sale, and stating…