Boulenger

-This is an appeal by plaintiff A. E. Boulenger from a judgment rendered against him in an action wherein he sought to enforce specific performance of a contract for the sale of real estate.

The facts are briefly these: On October 8, 1923, Donald Morison and his wife, Catherine Elizabeth Morison, owned certain real estate in the city of Los Angeles, which was community property. “Terry & Company" were real estate brokers and are the successors of another real estate firm known as “Wheeler & Terry," and were operating in Los Angeles. The plaintiff A. E. Boulenger is the father-in-law of Terry, but appears to have no connection with the firm of Terry & Company, other than hereinafter mentioned. On the said eighth day of October, 1923, Donald Morison gave Wheeler & Terry an exclusive right and option to sell the property in question at any time within thirty days for the sum of $30,000, out of which Wheeler & Terry were to receive $1,000 as commission for making the sale.

The plaintiff contends that he purchased the property from Terry & Company under this option on October 8, 1926, for the sum of $30,000, and paid Terry & Company a deposit thereon of $200. The defendant contends,…