Grant

It is alleged in the complaint herein that the defendant, being the owner of certain real estate, gave to Martin the following authorization to sell the same:—

Thereafter Martin executed and delivered to the plaintiff an agreement in the following words: —

“ By virtue of the within and foregoing authority, I, Wheeler Martin, have, this twenty-third day of August, 1887, sold unto George Grant, of San Francisco, the land in said authority mentioned, situated in the city and county of San Francisco, state of California, and particularly described as follows, .... for the sum of thirty thousand dollars, of which five hundred dollars was paid by check dated August 23, 1887, payable to said William Ede, and twenty-nine thousand five hundred dollars in cash to be paid with said check upon the execution by said Ede of a deed conveying said property to said Grant, purchaser, as aforesaid.

It is further alleged that, on the execution of this agreement, plaintiff paid to the defendant five hundred *420 dollars as a deposit and part payment of the purchase-money; that plaintiff has duly performed all the conditions on his part to be performed, and is ready and willing, on having a good and…