Townsend

This action involves a controversy between the parties regarding certain contracts into which they had entered, whereby the defendants, owners of a tract of land situate near the city of Long Beach, in Los Angeles County, agreed with the plaintiff that the latter should subdivide said land into town lots and improve the same, with the view of establishing a town or city between said city of Long Beach and the city of Pasadena, in said county, to be named and known as “Hollydale.” The contract first so entered into provided, among other things, that the lots or units into which the land was to be subdivided were, at the expense of plaintiff, to be improved by laying out and building streets and sidewalks and installing a water-pipe system in said Hollydale; that plaintiff was to sell said lots or units and from the gross proceeds of such sales he was to receive fifty per cent and the defendants a like per cent.

Appellant’s brief contains a general statement of the allegations of the amended complaint and the denials and the averments of a special defense set up by the defendants. Said statement is as follows:

The prayer of the complaint (supplemental and amended) is for a decree…