Dondero

This is an action for the recovery of the sum of $1,100, alleged to be the balance due the plaintiffs from the defendants under an oral contract for the sale by the former to the latter of approximately 120 acres of land situated in Amador County.

The plaintiffs were given judgment, from which the defendants appeal, under the alternative method.

The plaintiffs are husband and wife. The land involved in the controversy was owned by the plaintiff, Natalina Dondero, she having obtained title to the same through the estate of her deceased father and a deed from her sister, Rosie L. Fregulia. At the time of making the alleged agreement of sale, however, the probate of the estate of her father had not been completed, nor had she received a deed to her sister’s interest in the property.

On or about the twenty-fifth day of May, 1920, the said oral agreement was entered into between the parties hereto. By the agreement the defendants were to pay the sum of $1,500 for the land, of which sum $400 was paid in cash at the time of the making of the agreement, and, as the complaint alleges, the balance, $1,100, to be paid “as soon as said Natalina Dondero could procure and record a deed from…