Needels

An appeal was taken from the judgment entered herein in favor of the plaintiff.

In September, 1910, plaintiff was a resident of Missouri and was there visited by defendant. Defendant was engaged as a selling agent for certain lands in the county of Tulare, state of California, which lands were being planted with eucalyptus trees under the management of a company known as the Eucalyptus Timber Corporation. As compensation for services rendered in making sales of these lands, defendant was given a certain quantity of that acreage. At the time he approached the plaintiff he was entitled to have segregated on his account with the timber corporation quite a large num ber of acres. It was some of this land which was to be allotted to him that he desired to sell to the plaintiff. Having reached an agreement with the plaintiff for the purchase and sale of five acres of the land, defendant drew up the following . contract, which he signed and which was also executed by the plaintiff:

Immediately thereafter, defendant wrote to the timber company as follows:

Simultaneously with the execution of the agreement of sale first quoted, there was signed by the plaintiff what is called an…