Hopkins

Action to enforce the specific performance of a contract for the sale and purchase of land. A demurrer to the second amended complaint for want of sufficient facts and that the action is barred by sections 337 and 343 of the Code of Civil Procedure was sustained, and, plaintiff declining further to amend her complaint, defendant had judgment, from which plaintiff appeals.

It appears from the amended complaint that on April 8, 1904, defendant executed and duly acknowledged an instrument in writing whereby she authorized and empowered Horn-Sinclair Co., a corporation, as her agent to sell certain described lots situated in Petaluma, “for the period of until sold from the date hereof, and thereafter, until said agency is withdrawn in writing, for the sum of $300 net ($300) dollars.” The contract further provides that defendant will pay said company .“upon finding a bona fide purchaser for said property-per cent of the selling price. ’ ’ There is a further provision relating to the compensation of said company, not now important, which closes as follows: “Undersigned agrees to furnish abstract of and give perfect title to said property. Should title to said property be defective,…