Cordes

This is an appeal from a judgment in favor of plaintiff for the sum of two thousand dollars damages, and costs, in an action arising out of a contract for the sale of real estate.

The facts of the case are these: The plaintiff, Frank H. Johnson, had listed a certain piece of real estate known as “Highlands,” situated in Marin County, California, with A. J. Rich & Co., a firm of real estate brokers in San Francisco, for sale. On April 6, 1912, the defendant, W. F. Cordes, met one A. C. Blumenthal, an employee of A. J. Rich & Co., at the real estate office of another broker at San Rafael, and there discussed the subject of the sale and purchase of the property. After certain representations had been made by Blumenthal, two printed blank forms of A. J. Rich & Co.’s combined receipt and agreement for the purchase of real estate were produced by the latter, which after being filled out to a certain—or rather uncertain—extent by him, were both signed by Blumenthal, acting for A. J. Rich & Co. One of these was then subscribed by the defendant Cordes and retained by .Blumenthal. The other was not signed by Cordes but was delivered to Mm apparently as Ms receipt for the sum of $250 then…