Woods

A petition for a rehearing of this cause was denied by the district court of appeal on March 22, 1919, and a petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on April 21, 1919. All the Justices concurred. *Page 38

Appeal by plaintiff from judgment entered in favor of the defendant Bennett. The action was brought by plaintiff to recover damages for breach of the following written agreement made by the defendant Bennett: "Los Angeles, Calif., June 6, 1912. "I hereby agree to clear title to lot 17 in block 36 in the Central Arlington Heights Tract as per map recorded in book 30, page 51, miscellaneous records of Los Angeles county, within ninety days from above date. "Details of Above. "I. I. Bennett having deed to Mrs. Elizabeth Woods the above mentioned property representing the same to be free and clear except a certain trust deed for $1000.00. It appears upon examination of said title that there appears a judgment of $424.80 and $7.10 costs against G. W. Reilly in favor of G. B. Lohman docketed Sept. 18th, 1911, and recorded in book 231, page 192, of judgments. Which the above named Bennett agrees to settle with accrued interest within ninety days from the date above mentioned. "Original Witness E. W. Knapp, June 6, 1912. "I. I. BENNETT." *Page 36 On the sixteenth day of May, 1912, respondent deeded to appellant the land described in the foregoing contract, "free and clear, except a…