Brooks

Defendant appeals from a judgment decreeing specific performance of an option agreement, executed on June 16, 1959, wherein defendant agreed to sell to plaintiff a parcel of timber land, excepting a portion thereof.

The crucial issue on appeal is whether this excepted portion is described in the agreement with sufficient certainty to permit specific performance.

Our opinion is confined to this single issue, the lower court having deferred the trial of the issue of damages until the termination of the specific performance issue. (Cf. Brudvig v. Renner, 172 Cal.App.2d 522 [ 342 P.2d 276 ].)

The description of the main parcel is adequate, including as it does the appellant’s entire holding in that area and specifying the three quarter quarter sections of approximately 40 acres each wherein it lies. The total holding is approximately 116 acres.

After describing the main parcel, the excepted portion is described as follows: “Excepting therefrom that portion of the North east portion of the SW]4 of the NW]4 of Section 24 which is to be surveyed and retained by the family. ”

“It has often been stated that one of the tests for determining the sufficiency of a description is whether a…