Briggs

The plaintiff prosecutes this appeal from the judgment and from an order denying his motion to set aside the judgment as not supported by the findings of fact. According to the allegations of the complaint the Briggs Real Estate Company, a corporation, held title and possession of a lot of land in Los Angeles for owners who are named in the pleading. It is also alleged that on December 1, 1908, the Briggs Real Estate Company entered into an agreement for the sale of this property to the Jones & Ryder Land Company, a corporation, by the terms of which the notes of the latter corporation for twenty-five hundred dollars, secured by a deed of trust to the Title Insurance & Trust Company, were to be taken in payment for the land; that as part of the consideration for the sale, the Jones & Ryder Land Company agreed to cause to be constructed on the land a residence building at a cost of not less than thirty-five hundred dollars, of which the sum of three thousand dollars was to be borrowed by the Jones & Ryder Land Company and secured by a mortgage on the property, the lien of said mortgage to be superior to the rights evidenced by the deed of trust; that in pursuance of said agreement…