Hines

This is an action for the specific performance of an alleged contract for the sale of real property.

The complaint alleges that, at the date of the execution of the alleged agreement, the defendant was the owner of one hundred and twenty acres of land situated in Fresno County, and described as “lots 21, 22, 23, 24, 25, and 26 of De Witt Colony, according to the map or plat of said colony on file and of record in the office of the county recorder of the county of Fresno, state of California’ ’; that the defendant, on the twentieth day of April, 1911, agreed to sell and convey to the plaintiff, by a good and sufficient deed, ‘ ‘ any forty acres of land that plaintiff should or might select, elect or choose to purchase, for the sum of $2,200,” etc.; that thereafter, and on or about the same day, the plaintiff went to said land and “then and there chose, selected and elected” to purchase lots 23 and 24 of the land above described, and that he at that time made known to the defendant the fact of his selection of said lots and his election to purchase the same according to the defendant’s agreement; that thereafter and on the same day, the plaintiff paid to the defendant the sum of…