Michaelian

The plaintiff brought this action to recover the total sum of $78,978.24 for the alleged breach by the defendant of a contract for the sale to him (plaintiff) of a certain tract of land, situated in Tulare County, together with certain personal property. The cause was tried by the court, a trial by jury having been waived by the parties, and plaintiff was awarded judgment in the sum of $31,098.31, together with interest thereon at the rate of seven per cent per annum from the date of said judgment.

The defendant appeals from said judgment upon a record made up in pursuance of the provisions of section 953a of the Code of Civil Procedure.

The contract, for the alleged breach of the terms of which by defendant the plaintiff herein seeks relief, was entered into between the parties on the twenty-fourth day of June, 1918. The land involved in the agreement of sale is specifically described in said agreement, and growing thereon, at the time said agreement was executed, were fruit trees and a vineyard. Certain portions thereof were devoted to the growing of wheat and other like crops. There were also fuel trees upon the premises. The'articles of personal property involved in the sale…