Anderson

This action is to recover five hundred dollars, received by defendant from plaintiff “ as a deposit and in part payment” for a block of land in the city of San Francisco, which plaintiff agreed to purchase from defendant. The contract contained the following stipulations: “Title to prove satisfactory, or the money to be refunded. .... Ten days allowed for examination of title and completion of purchase.”

The court below found, among other things, that at the date of the contract the title to> the property agreed to be sold was in the defendant, and was a satisfactory *40 title, and that the plaintiff was not, during the ten days named in the contract, nor at any other time, ready or willing to pay the remainder of the purchase price, and that immediately after making the contract he left San Francisco, where the contract was made, and where the defendant kept a business office, “ and during all of said ten days thereafter the plaintiff avoided the defendant, for the purpose of preventing and defeating the completion of said contract, and a tender of a deed to him by defendant in pursuance of said contract.”

Upon these findings, judgment was entered for the defendant, and the…