McNeill

This is an action brought by the plaintiff to compel the specific performance of an alleged contract to sell and buy a piece of real estate. The case was tried in the lower court without the intervention of a jury, the judgment went for the plaintiff and the defendant has appealed under section 953a of the Code of Civil Procedure.

Prior to November 23, 1921, the defendant was the owner of the real estate. Some of the deeds executed by his grantors contained certain restrictions. Some of the real estate consisted of improved property that was leased to one George Kolovos. Generally speaking, the plaintiff had some information regarding the existence of the restrictions mentioned and of the existence of the lease mentioned, but he was not fully informed regarding the facts and the law. With the circumstances so existing certain negotiations were had between the plaintiff and the defendant. Writings were executed which constituted, firstly, an escrow and, secondly, an executory contract to buy and sell the real estate. Talcing the second theory the plaintiff pleaded meticulously the alleged contract to buy and sell. In so doing he pleaded in haec verba a writing signed by himself on…