Dean

In this action the plaintiff sued for and,

upon the verdict of a jury, procured a judgment against the defendant in the sum of six hundred dollars as damages for the alleged breach of an agreement to purchase real estate. The defendant has appealed from the judgment, and from an order denying a new trial, upon the judgment-roll and a statement of the case which purports to show all of the evidence taken upon the trial.

The plaintiff’s cause of action as pleaded is founded substantially upon the following facts: The defendant, in consideration of the sum of eight hundred dollars, executed to plaintiff a deed, dated October 31, 1908, purporting to convey to plaintiff the defendant’s undivided one-half interest in certain real property situate in the county of Santa Cruz. The plaintiff has ever since been the owner in fee of the interest so conveyed to her free and clear of all encumbrances. Contemporaneously with the execution of the deed referred to the defendant made and delivered to plaintiff the following memorandum of agreement:

On November 1, 1909, the plaintiff accepted the option of reeonveying to the defendant the land described in the defendant’s deed and memorandum of…