Schmaling

This is an appeal from a judgment in favor of the defendants in an action instituted by the plaintiff to recover the sum of $2,550, claimed to have been paid to an authorized agent of the defendants upon a purchase of a piece of real estate which the latter refused to consummate.

The facts of the case, regarding which there is practically no dispute, are as follows: The defendants were the owners of a certain tract of land in Sonoma County, consisting of about eighty acres, which had been subdivided into lots, each embracing ten acres, more or less. On June 25, 1914, the said defendants entered into a written contract with Charles P. Wagner and Charles P. Rogers, real estate agents, by which they agreed to employ the latter as their exclusive agents for a period of six months to sell said tract of land according to the map of the subdivision thereof at $175 net per acre to the owners, “terms to be not less than one-fifth cash down, and the balance in four annual equal installments, with interest on deferred payments payable semi-annually, quarterly or monthly, at the rate of six per cent per annum. All payments on account of principal to be divided equally between the first and…