Lanning

Plaintiff appeals from an adverse judgment of the superior court of Siskiyou County in an action prosecuted by him for specific performance of an alleged oral contract to convey real property situated in the town of Dunsmuir in the county of Siskiyou.

The complaint alleges that on or about the twenty-sixth day of February, 1921, the plaintiff and defendant entered into an oral contract whereby the defendant promised and agreed to sell plaintiff certain described lots for the sum of $2,800; that thereafter a certain portion of said lots were sold for the sum of $700 and the money was received by the defendant; and that the balance due on said lots as the purchase price thereof was the sum of $2,100. It is further alleged that thereafter and on or about the twelfth day of April, 1921, the plaintiff and defendant entered into a written contract for the erection of a building to cost in the neighborhood of $15,000; and that the purchase price of the lots herein referred to, to wit, the sum of $2,100, was to be counted in as a part of the payment by the defendant to the plaintiff for the erection by the plaintiff of the building just referred to. It further appears from the…