Patterson

The judgment was for defendants, and plaintiff appeals from an order denying his motion for a new trial.

This action was commenced April 8, 1895, to recover twenty thousand dollars on a contract alleged to have been entered into between plaintiff and John S. Doe on or about the first day of ¡November, 1887, for a sale of the Invincible mine. The defendants pleaded subdivision 1 of section 339 of the Code of Civil Procedure, limiting the right of action “upon a contract, obligation, or liability not founded upon an instrument of writing” to two years; and at the conclusion of plaintiff’s evidence, on the trial, defendants moved for a nonsuit, stating as the third ground of said motion that “if the plaintiff ever made any agreement with Doe for the sale to him, Doe, of rhe Invincible mine, the agreement was not in writing, but by parol; and the case is barred by subdivision 1, section 339, of the Code of Civil Procedure.” We think the motion was properly granted on the ground quoted.

On March 31, 1887, J. S. Doe and John E. Seupham entered into a written agreement, whereby said Doe agreed to sell to Seupham certain mining property in the Calico mining district for three hundred…