Loreta Cruz Flores, Joaquin Cruz Flores, Dolores Cruz Flores, Engracia Flores Ungacta v. Francisco A. Duenas and Esther M. Duenas

This is an appeal from the United States District Court for the District of Guam. The appellees here, plaintiffs in the district court and hereinafter referred to as the plaintiffs, brought their suit for partition of real property and specific performance of an alleged contract by one of the owners to convey to them a specific tract of the property.

Our narration of the facts is based largely upon the findings of the district court, which findings are well supported by the evidence presented at the trial.

Joaquin Cruz Flores was the owner of Lot 102, Sinajana, Guam. He died at some time before September, 1945. Title to Lot 102 passed, upon his death, to his estate and his son, Juan Cruz Flores, became the administrator of his estate. The beneficial owners of the estate were Joaquin’s widow, who had a one-half interest, and his five children, each of whom had a one-tenth interest. As we have seen, Juan Cruz Flores was one of the children.

In September of 1945 Juan Cruz Flores made an oral agreement to sell a certain portion of Lot 102 to the plaintiffs, Fran cisco A. Dueñas and Esther M. Dueñas. They were, under the agreement, to pay Juan Cruz Flores $3,000 in money or…