Wolleson

This is an appeal by defendant _ from a judgment in favor of plaintiff in an action for the specific performance of a contract for the exchange of lands. Defendant also appeals from the order denying his motion for a new trial, but as that is not an appealable order the attempted appeal therefrom must be dismissed.

The facts necessary to an understanding of the points presented for decision are these: On August 6, 1919, defendant made a written offer to pay $2,000' and to exchange his properties for land described in the offer as “440 acres located about 7 miles west of Coulterville.” The last-mentioned property is referred to in at least one of the exhibits as the “Wolleson Ranch.” Defendant’s offer recites that he is the owner of the properties which he is to give in exchange. They are particularly described in the offer. They consisted of a house and lot at Long Beach, a house and lot in Redlands, and two lots in Palm Springs. The offer states that defendant desires to exchange his properties, paying in addition thereto the $2,000 in cash, for a piece of property “owned by Mrs. A. G. Wolleson [plaintiff] of Coulterville, Calif., and particularly described as follows, to wit:…