Willmon

Plaintiff appeals from a judgment rendered in favor of defendants in an action for the specific performance of a contract to purchase real estate.

At the time of the transaction, George H. Peek was the owner of the east half of the only block numbered 61 located in the city of San Pedro, which east half of said block comprised lots 7 to 12, both inclusive. Neither defendant had or claimed any interest in the west half of said block, which comprised lots 1 to 6, both inclusive. It appears from parol testimony that sometime prior to February 3, 1903, the date of the alleged purchase, a real estate broker, as the agent of said George H. Peek, and at his request, made a rough pencil sketch of said east half of said block 61, showing the same to be divided into lots numbered 1 to 14, both inclusive, which sketch was shown to said George H. Peek and posted in his office. This sketch or subdivision of the east half of’ said block was exhibited to the plaintiff by said agent, who pointed out to him upon the ground that portion of said east half of said block corresponding to lots designated as 5 and 6 upon said rough pencil sketch so made by said agent. This sketch was never filed for…