Manning

This is an appeal from a judgment entered in favor of the defendant and against plaintiff.

The sole question in the case is, Does the evidence .sustain the findings

The defendant, desiring to promote the sale of a suburban tract of land divided into building lots, known as Broadmoor, in Alameda County, sold to the plaintiff six lots for the aggregate sum of $11,205, and at the same time entered into an agreement with him, whereby the defendant was to give to the plaintiff a bonus of six thousand dollars upon condition that the latter should build on each of the six lots a dwelling-house, to cost two thousand five hundred dollars, according to plans and specifications to be approved by the defendant; that the work should be prosecuted with due diligence, and no mechanics’ liens to be filed against the property.

Of the six thousand dollars bonus all has been paid but the sum of $449.07, and the purpose of this action is to recover that sum. Five of the buildings were completed, and the reason the defendant refused to pay the balance of the bonus was, as he claimed, that the sixth building was left uncompleted.

We agree with the position taken by the defendant. The buildings…