Giffen

This is an action to compel the specific performance of an.agreement to convey real estate. At the commencement of the trial defendant objected to the introduction of any evidence upon the ground that the second amended complaint failed to state a cause of action. The objection was sustained, and plaintiffs having declined to amend, judgment was rendered in favor of the defendant, from which plaintiffs appeal. The sufficiency of said complaint is therefore the only matter to be considered.

The following are substantially the facts upon which plaintiff’s cause of action is based: On July 1, 1918, pursuant to a resolution of its board of directors, respondent, a religious corporation, entered into a written agreement with appellants, whereby it agreed to sell appellants certain real property for the sum of five thousand dollars, subject to encumbrances amounting to sixty-five thousand dollars. Thereafter, on July 1, 1918, respondent petitioned the su perior court of Los Angeles County, in accordance with section 598 of the Civil Code, for leave to sell and convey said property. On July. 12, 1918, after due notice, said petition carae on regularly for hearing, and an order was…