Coleman

This is an appeal from a decree enforcing specific performance of an agreement to convey real property.

The defendant owned a tract of land four miles northeast of Porterville, consisting of 96.055 acres. The plaintiff owned five United States patents covering a machine designed to manufacture and compress certain by-products into briquettes for fuel purposes. January 10, 1924, a written agreement was executed between these parties for the sale of an undivided one-tenth interest in these patent rights for $10,000, to be paid by the promissory note of the defendant for the sum of $2,000 and the conveyance of the Porterville ranch at a valuation of $8,000. The terms and conditions of the agreement were incorporated in three documents executed at the same time. These instruments are construed together as a part of the same transaction. The first two are in the following language:

The defendant’s answer admits the execution of the first document above quoted except that it is alleged the plaintiff agreed to sell and transfer an undivided two-twentieths interest in the patents instead of only one-twentieth therein as erroneously recited in the document. This error was conceded. It…