Bogart

This appeal is by the defendants Remondino, Daggett, and Witfield from a judgment against them in favor of plaintiff.

It appears that defendants Crosby & Van Harén were verbally authorized by appellants to sell for them a certain tract of land in San Diego, and acting under this authority, they agreed to sell the same to plaintiff, and received from him the sum of three hundred dollars as a deposit on the contract. No deed could be made at the time on account of the absence of the appellant Remondino, the plaintiff being assured by defendant Van Harén that he would return within two weeks. After waiting about three weeks, the plaintiff notified Witfield, one of the appellants, that owing to the long delay and uncertainty as to the time when Remondino would return, he would not complete the purchase, and demanded a return of the money paid by him as a deposit. Witfield made no objection to the refusal of plaintiff to complete the purchase, for the reason, as he states, that he considered the land worth more than plaintiff was to pay for it, and so he informed plaintiff that he would return his check to Crosby & Van Harén, and that plaintiff might settle with them. The reason for…