Rodes

Defendant appeals from a summary judgment decreeing specific performance of a contract to convey real property. Appellant contends (1) that the court was without jurisdiction to grant a summary judgment when a demurrer was pending; (2) that the pleadings are insufficient to support a judgment for specific performance; (3) that appellant did not receive proper notice of the date to which the hearing was continued; and (4) that the affidavits are insufficient to entitle plaintiff to a decree of specific performance.

On May 9, 1958, the complaint was filed in which it is alleged that plaintiff’s assignor, Blanche Nelson, and defendant, on or about March 6,1958, entered into a written contract whereby plaintiff’s assignor agreed to purchase, and defendant agreed to sell, at a purchase price of $2,400, certain real property in the county of Los Angeles, therein particularly described; that said assignor had fully performed her part of the contract; that “the reasonable value of the premises aforesaid, is the sum of $300.00 per month”; that Blanche Nelson has duly assigned her claim against defendant. The prayer is for specific performance. No averment as to the value of the premises…