Hay

Plaintiff appeals from a judgment entered for defendants on a directed verdict, and also from an order made denying his motion for a new trial.

In December, 1910, defendant Hollingsworth held an agency agreement with the Keating Estate authorizing him, under certain limitations and restrictions, to dispose of real property belonging to that estate. Defendant Marsh had made a conditional arrangement to purchase some of this property. J. 0. Downing desired to purchase fifty acres of the land which Marsh was endeavoring to secure, and he negotiated with Marsh, with the result that he made a deposit of two thousand five hundred dollars, for which a receipt was issued to him by Hollingsworth in the following words:

“Received of J. 0. Downing the sum of twenty-five hundred (2500) dollars, as a deposit and part of the purchase price, an additional fifteen hundred (1500) dollars to be paid on or before December 14th, 1910, also as a deposit and part of the purchase price of the following described real property situate in the county of Los Angeles, state of California: Being the southeast quarter of lot three (3) as shown on map prepared by W. I. Hollingsworth, said map being of the…