Silverthorne

This is an appeal by plaintiff from a judgment entered in favor of defendant Jessie B. Percey upon an order sustaining a demurrer to plaintiff’s amended complaint without leave to amend.

The facts, which are admitted, are, briefly, as follows: The plaintiff, in the capacity of real estate broker, negotiated a certain exchange of real property between defendant Jessie B. Percey and her husband Sanford D. Percey with Ida P. Cushman and E. H. Cushman. The agreement for the exchange was reduced to written form and duly accepted in conformity to the provisions thereof. The agreement is in the conventional form. The property which the Perceys sought to exchange was described in this exchange agreement as consisting of certain enumerated lots situated in “Tract No. 7368, Monte Vista, as per map recorded in book 6, pages 324 and 325, Los Angeles County records, California.” At the time the exchange agreement was entered into by the parties,' there was not on the records in the books or records of Los Angeles County, California, any tract numbered 7368, Monte Vista. Plaintiff, it would appear, did not know this fact at the time said exchange agreement was entered into by the parties, or…