Gish

Action to enforce specific performance of an alleged agreement for the sale and purchase of certain real property situated in the city and county of San Francisco.

Defendants answered specifically denying the material allegations of the amended complaint and defendant Lefevre answered by cross-complaint alleging title to the said property and praying that the same be quieted against the claims of plaintiff. The court adjudged that defendant, Lefevre, is the owner of the property and plaintiff has no interest therein and gave judgment for defendants with costs.

There is in the record what purports to be a notice of motion to strike the cross-complaint from the files, on the ground that it “is immaterial, irrelevant and redundant.’’ It does not appear that any motion was made pursuant to the notice or at all, and the notice fixes no time for the making of such motion. However, we may dismiss the point made that the record fails to show what action the court took on the motion, for the reason that it forms no part of the judgment-roll and the appeal here is from the judgment upon the judgment-roll alone.

It is alleged in the complaint that defendant Ferrea, being then the owner of…