Coelho

This is an appeal from a judgment decreeing that plaintiff take nothing in an action brought to recover damages for breach of an agreement for purchase and sale of real property.

Prior to November 28, 1955, S. C. Sanfilippo, now deceased, his wife Antonette, Lamon J. Wright and his wife Ruby were owners in common of a ranch property known as “The Sanfilippo Ranch.’’ Record title stood in the name of the Wrights. On November 28, 1955, S. C. Sanfilippo listed the property for sale with one Frank Perrotta, a San Jose, California, realtor. On the next day plaintiff and his brother Thomas, now deceased, together with Mr. and Mrs. Sanfilippo, executed a deposit receipt. The Wrights did not join either in the listing or in the deposit receipt. Nevertheless, in March of 1956, the Sanfilippos and the Wrights executed a deed of the property to the Coelhos, together with sellers’ instructions and deposited both documents in escrow with the Stanislaus County Title Company. Thereafter, the buyers’ instructions of the Coelhos were placed in the same escrow file and the sale was consummated.

Plaintiff contends that there was a breach of contract in that the sale was one of real property by the…