Stum

Action for damages growing out of an alleged breach of an agreement to sell personal property. Findings and judgment for defendant, from which plaintiff appeals upon the judgment-roll.

The findings upon which the judgment is based recite that plaintiff, an expert confectioner and caterer, then employed in his business, on the fourteenth day of November, 1904, entered into an oral agreement with defendant by which defendant agreed to sell to plaintiff, and plaintiff agreed to buy, a half interest in a confectionery and catering business in Los Angeles for $500 cash; and the further agreement that plaintiff should devote his entire energy and skill in and about the conduct of the joint business. That upon the faith of this agreement to sell, plaintiff paid to defendant $50 of such purchase price. The trial court further finds that, while the remaining $450 was to be paid in cash, it was understood between the parties that plaintiff had $100 which he could pay immediately, and the remaining $350 was to be paid as soon as plaintiff could raise that amount by loan, which loan, if it could not be procured otherwise, was to be procured from one Sparks, and that plaintiff and defendant…