Kurtz

In the superior court demurrers of respondents to the third amended complaint of the plaintiff were sustained without leave to amend. Judgment of dismissal followed, from which plaintiff has appealed.

By this action plaintiff sought, in effect, to have specifically performed an alleged oral agreement made by Arcadia B. de Baker during her lifetime. It was alleged that Mrs. de Baker agreed to devise to the plaintiff a certain tract of land embracing one thousand acres, more or less, the return consideration being, as alleged, that the plaintiff should reside with Mrs. de Baker. The particular character of this consideration will be treated of in detail in what follows. It will be necessary to make quite a full statement of the facts as they are alleged in the amended complaint; in doing this we shall quote liberally the language of the pleader in the statement, of the alleged cause of action. It appears, first, from the complaint that in the year 1894 the plaintiff was eighteen years of age and had prior thereto resided at San Diego with her parents, and that her father was a university graduate, a well-known and highly respected citizen of San Diego. The complaint proceeds with…