Cooper

This is an appeal taken by cross-complainant and certain of the defendants from a judgment entered in favor of plaintiff.

The action was brought to secure a decree quieting title in the plaintiff as against a claim evidenced by a certain writing which had been placed of record in the county where plaintiff’s real property was located. It was asserted that the effect of this writing was to cloud the title of plaintiff. Briefly the facts are: Plaintiff being the owner of certain real property in the county of San Bernardino, had negotiation with Charles Stansbury, the cross-complainant, whereby it was sought to effect an agreement for the exchange of the plaintiff’s property for certain corporate stocks and some real estate lying within the county of Los Angeles. Defendants Van Vranken and Webster were agents acting for Stansbury in the matter. There were other agents, Miller and Iveson, who represented Cooper. After considerable negotiation was had, Stansbury, the owner of the Los Angeles property, made a proposal in writing which set forth the descriptions of the properties of Stansbury and Cooper which it was proposed to exchange. There was one clause in this proposal, wherein…