Grossman

Plaintiffs instituted this action to remove a cloud therefrom and quiet their title to a tract of land, embracing 6,173 acres, situate in the county of Colusa. The defendants, by answer and cross-complaint, sought specific performance of a certain option or agreement of sale relating to the same premises. Plaintiffs had judgment and decree of the trial court, as prayed for, from which judgment and decree defendants appeal, the merits of which may be determined by the solution of two questions:

The cause comes before this court upon the judgment-roll, and involves only the ruling of the trial court upon the demurrers interposed to the pleadings in the court below. The facts as gleaned from the pleadings are as follows:

The complaint filed by the plaintiffs is in the usual form of an action to quiet title, or to remove cloud therefrom, and is directed to the option or agreement to purchase executed and delivered by Rummelsburg to the defendant Grossman. This instrument, by its terms, included and covered all the premises owned by the respective plaintiffs, and constituted the cloud upon the title of the lands held by them severally, and its removal is the object of the action now…