Bernesen

Plaintiffs instituted this action to recover money which they had paid upon the purchase price of land in San Bernardino County, together with expenses properly incurred in preparing to enter upon the land, possession •or title to which they never received. They recovered judgment for $2,272.83, the amount paid on the purchase price, $528.76 accrued interest, and $1125 expended in preparing to move onto the land.

The complaint is in three counts. In the first count it is alleged (1) that the defendants are copartners or joint adventurers; (2) that J. B. Roof, Inc., was the duly appointed and authorized agent of the defendants in the sale of the property in San Bernardino County; (3) that : through this agent the plaintiffs entered into a written j contract for the purchase of a portion of this property and paid $1657.73 on the purchase price in cash and made subsequent installment payments in the total sum of $616.05; (4) that the purported sale to them by the agent was never approved and that they demanded the return- of their money, which was not returned, but converted to the use of the defendants. The second count repeated all the allegations of the first with the exception…