Butters

By this action plaintiff seeks specific performance of an agreement to deliver a certain Overland automobile, or the payment of the sum of $795, the value thereof, if delivery cannot be made, and general relief.

From the record we gather that defendants were the publishers of a newspaper called the “Brawley Star,” at Brawley, Imperial County; that during a certain period— from May 13, 1916, to June 24, 1916, both dates inclusive— they conducted what is commonly known as a newspaper subscription contest, for the purpose of securing paid subscriptions for said newspaper; that as an inducement for candidates to obtain such subscriptions they offered as “first prize” a certain Overland automobile, the value of which, it is alleged, was $795, and for which plaintiff Anna D. Butters was one of the contestants; that for each paid subscription secured by any of the candidates a certain number of votes was credited to the contestant securing the same, or to whose credit a subscriber making a voluntary subscription might direct; and that at the end of sueh contest one Frances Blake, also a contestant, was declared to have received the largest number of votes, and was therefore claimed to…