McManaman

The defendant appeals from the judgment and from an order denying his motion for a new trial. At the time when the last-named order was made there was no right of appeal from such an order. (Hockerston v. Hockerston, 41 Cal. App. 195 , [ 182 Pac. 325 ]; Hirsch v. All Persons, 173 Cal. 268 , [ 159 Pac. 712 ].)

Prior to the first day of April, 1911, one Bonnard, as agent for the Colorado & Wyoming Coal Company, a corporation, solicited the plaintiff to buy certain stock of that corporation. Appellant’s testator, C. K. Ingersoll, the original defendant in this action, had purchased stock of the corporation and recommended the stock to the plaintiff. As an inducement to aid in persuading plaintiff to buy such stock, Ingersoll gave Bonnard, for delivery to the plaintiff, an agreement in writing which was delivered to the plaintiff. This agreement, so far as necessary to the discussion here, reads as follows: “This is to certify that in the event that I. W. McManaman purchases $5,000 worth of preferred stock in the Colorado & Wyoming Coal Co., I will, after one year from date hereof, purchase the same from him at par value, plus 7% interest on all payments made to the Colorado &…