Muller

Action to recover three hundred dollars, with interest, paid to defendants on a contract for .the sale of certain real estate, described in the complaint.

Defendants had judgment, from which plaintiff has -appealed.

The case was submitted upon an agreed statement of facts, which shows that in July, 1896, after a personal inspection of the property, the plaintiff .entered into a written contract with the defendants, by which plaintiff agreed to purchase, and the defendants to sell to him, the lands described in the complaint for the sum of $2,025, of which sum three hundred dollars was paid down and the balance to be paid January 1, 1897. Defendants represented to plaintiff that they were the owners of an absolute and indefeasible estate in fee simple in the lands and that they had a good, perfect, and marketable title, and agreed to execute to plaintiff a bargain-and-sale deed with a certificate guaranteeing the title.

After making the three-hundred-dollar payment, the plaintiff wrote to the Title'Insurance and Trust Company of Los Angeles asking what the charges would be for a policy insuring the title to the said lands. The insurance company replied stating that its charges…