Andersen

This is an appeal by plaintiff from a judgment for defendants in an action for specific performance, after demurrer sustained to plaintiff’s amended complaint with leave to amend, but the right to amend not being exercised.

It is alleged in the amended complaint, exhibiting only so much of it as is necessary to a consideration of the points presented to us, that the contract sought to be enforced was one by which appellant agreed to buy and respondents agreed to sell certain described real property, consisting of nineteen city lots in a group, at an agreed price of twelve thousand dollars; that respondents made a deed conveying the property to appellant and delivered it to a certain abstract company; that at the same time appellant delivered to the abstract company a mortgage on the land mentioned, together with promissory notes secured by it, in the sum of twelve thousand dollars, bearing interest at the rate of seven per cent per annum; that respondents agreed to accept the notes and mortgage as the full purchase price of the lots; that respondents received adequate compensation for the agreement sought to be enforced and for the' property agreed to be conveyed; that the…