Bacon

The importance of the principle and the value of the property involved justify a somewhat extended consideration of the transaction out of which has grown this litigation.

The action was brought to determine the validity of an adverse claim made by the appellant, defendant Davis, to certain real property on Broadway street, in the city of Oakland. Davis claims to have purchased the property, and in his amended answer and cross-complaint he sets forth the basis of this claim as resting in: First, a contract between plaintiff and the Laymance Real Estate Company, by which the said company was authorized to sell the property, and secondly, a contract of sale made by said company with the defendant. The prayer is that plaintiff take nothing by the action and that defendant have a decree of specific performance of said contract and for general relief.

The plaintiff interposed a general demurrer to the amended answer and the amended cross-complaint. Each demurrer was sustained, and thereupon, in due time, a judgment was entered for plaintiff as prayed for in the complaint, quieting his title as against any claim of said defendant.

From this judgment the appeal is taken.

The said…