Meister

Plaintiff commenced this action in ejectment involving the ownership of an undivided one-half interest in certain property situated in Contra Costa County. Defendant answered and filed a cross-complaint attacking plaintiff’s title as having been founded on fraud. Judgment went for defendant on this cross-complaint, quieting his title to the entire interest in the property, and from this judgment plaintiff appeals.

The facts of the case material to the opinion are that prior to the eighth day of February, 1918, defendant employed one Curtis as his agent to negotiate the purchase for him of the property in suit from one Kirk. The agent arranged with the owner for the purchase of the property for the full price of $43,768.40, of which amount the sum of $5,000 'was to be paid down and the balance was to be secured by a deed of trust upon the property. He then, in conjunction with one Goggins, fraudulently represented to defendant that the full purchase price of the property was $52,800, of which amount $13,000 must be paid down. Through the connivance of Curtis and Goggins the defendant was then induced to agree to permit Goggins to join in the purchase of the property upon the…