Mulcahy

This action was brought to recover judgment upon a promissory note for the sum of one thousand dollars, and interest, payable one day after date, executed by the defendant to Rancadore & Cavala, a firm of real estate agents, and assigned by them to the plaintiff for collection.

The stipulated record on appeal embraces the pleadings, the findings, the minute orders, the judgment and the notice of appeal. The facts of the case, as found by the court, are briefly these: One P. S. Gomes was on May 3, 1917, and thereafter, the owner of a tract of orchard land in the county of Santa Clara containing 19% acres. On that date, the defendant, A. G. Gagliardo, entered into a written agreement with said Gomes, through the agents of the latter, Rancadore & Cavala, for the purchase by Gagliardo of Gomes’ tract of land for the sum of seventeen thousand dollars, of which sum he was to pay one thousand dollars as a cash deposit and part payment upon the purchase price. In lieu of making said agreed payment Gagliardo gave to said Raneadore & Cavala, as the agents of Gomes, the promissory note for one thousand dollars, which forms the basis of this action. The balance of the purchase price was by…