Hamlin

The trial judge, viewing an alleged contract made between the parties to this action—which contemplated an exchange of real properties and the payment by respondent of a large sum of money—concluded that there was no sufficient consideration rendered or agreed to be rendered by appellant, and that therefore respondent was not bound. This was the controlling issue then submitted and its determination will direct the decision to be rendered on this appeal, which is taken from the judgment and from an order denying defendant’s motion for a new trial.

We agree with the conclusion reached by the superior court. The alleged contract for the breach of which damages were sought to be recovered, after reciting conditions respecting the properties of the parties and the terms imposed, contains-the following clauses: “The party of the first part agrees to this exchange in case he can borrow four thousand five hundred (4500) dollars on property at 357 So. Mentor Avenue, Pasadena, California. The party of the first part has ten days in which to secure the above loan. ’ ’ Respondent, three days after signing the agreement mentioned, orally notified the agent who was acting in the matter that…