Burge

Appeals have been taken by both parties from a $1,200 judgment in favor of plaintiff entered against defendant in an action for a breach of contract to convey real property. The defendant appeals on the ground that the purported agreement for the sale of real property is invalid under the statute of frauds and is unenforceable.

The basis of plaintiff’s appeal is inadequacy of damages. Both are taken upon the clerk’s transcript only. The facts are not in dispute.

E. F. Burge, plaintiff, entered into a written contract entitled “Escrow Instructions” with defendant Norval Krug to buy certain real property described therein as “Lot 7, Block 10 of Crescenta Canada Tract.” The defendant failed to convey the property under the agreement and plaintiff filed suit against him for declaratory relief and damages.

At the trial plaintiff amended his complaint by interlineation to eliminate his claim for declaratory relief leaving only a simple action for damages for breach of contract. The action was tried on that theory before the court sitting without a jury. The trial judge, among others, made the following findings: “That the legal description of the parcel of real property contained in…