Barnhart

Plaintiffs filed a complaint entitled “Complaint for Money on Contract”. It contained two counts. On a trial by the court sitting without a jury defendants’ motion for nonsuit as to the first count was granted. Judgment was entered in favor of the defendants on the first count and in favor of plaintiffs on the second count. Defendants appeal from that portion of the judgment relating to the second count, but no appeal has been taken from the portion of the judgment relating to the first count.

In the second count of the complaint, which was filed in 1929, plaintiffs allege that on May 6, 1927, plaintiffs and defendants entered into an agreement whereby “plaintiffs agreed to sell to the defendants and defendants agreed to buy from plaintiffs” certain real property in the city of Hermosa Beach “and that as a consideration for the said sale the defendants agreed to deliver and transfer to the plaintiffs thirty-five (35) shares of the capital stock of Disappearing Roller Screen Company, Inc.”; that plaintiffs ‘•‘have complied fully with the said contract and have delivered into the said escrow a grant deed to the said property”, but that “defendants have failed, neglected and…