Seivert

This is an appeal from a judgment of dismissal entered after the appellant failed to amend its second amended complaint to which a demurrer had been sustained with leave to amend further.

Appellant brought action to recover damages for breach of an agreement to buy and sell real property. The document which it relies upon to evidence such a contract is pleaded in full. It is somewhat difficult to construe because the scrivener attempted to adapt a printed form ill-suited to the purpose. The form is headed “Deposit Receipt,” but there is typed in, in capital letters, the statement that “This is an offer.” The document continues: “Sacramento, California, - 1958. Received from_the purchaser, the sum of_Dollars, ... as a deposit on account of the purchase price of $122,500.00) . . . for the following described property in the . . . 130 ac M/L on the SE cor of Franklin & Sheldon Rds. Further described as the Seivert Ranch.” There follows a statement of price and terms and the document then continues: “180 days from the date of approval hereof by seller are allowed the purchaser to examine the title to the property and to report in writing any valid objections to the marketability…