Jensen

This was a suit in intervention brought by the plaintiff against the defendants to compel them to interplead and litigate their several claims to the sum of $1,250, which had been deposited by defendant and appellant Pete Matteri with the plaintiff as a payment on account of the purchase price of certain personal property sold to him by defendants and respondents Joe Carlenzoli and Frank Cavallero. Answers and cross-complaints were filed by the respective claimants, and the cause went to trial, .and resulted in judgment that the amount of said deposit be paid over to the above-named respondents. Pete Matteri appeals from said judgment.

On or about the twenty-eighth day of July, 1920, Pete Matteri agreed to buy from Carlenzoli and Cavallero their dairy business located in Marin Count3r, together with the unexpired term of their lease on the ranch upon which the business was conducted, for the price of $12,500. Of that amount $1,250 was paid to the plaintiff, as the agent of the respondents, on account of the agreed price, of which the balance was to be paid when the lessor of the said premises should consent to the assignment of its unexpired term from the respondents to the…