Schmidt

Action to quiet title. Defendant Fox filed a cross-complaint alleging purchase of the property, which purchase was evidenced by a written contract signed by defendant Chittenden as the agent of plaintiff, and asked for damages in the sum of $10,000 for breach of this contract by refusal of plaintiff to convey the premises in accordance therewith. Judgment was for plaintiff on both complaint and cross-complaint, and defendant Fox appeals from the judgment and from an order denying his motion for a new trial.

Plaintiff, who was the owner of a tract of land in Vernon, Los Angeles county, containing about eight and one-half acres, on February 7, 1906, signed a writing constituting the defendant Chittenden “sole and exclusive agent” for the sale of certain property situated “in city of and county of Los Angeles, state of California, described as follows, to wit; 8% acres fronting on Santa Fe ave. part of Chipley & Baker rancho, the said agency to continue for five days from date hereof.” The terms fixed were: “Price, $15,300. Terms, % cash—bal. 1 & 2 yrs., 6% int., or upon such other terms as may be hereafter agreed upon in writing, between the said agent and myself.” Authority is…