Caner

Upon this appeal from a judgment entered in favor of the defendant following an order of the trial court sustaining a demurrer to the plaintiff’s first amended complaint, it appears from said complaint that the plaintiff individually and as the assignee of twenty-two other persons sought in twenty-three separately stated causes of action to recover damages from the defendant for the alleged breach of covenant of a contract to grade streets in a certain tract of land in San Mateo County known as the “Ocean Shore tract,” in which plaintiff and her assignors had purchased lots. The complaint also purported to plead twenty-three causes of action upon the same covenant for specific performance. To all of these causes of action the defendant demurred upon the ground that none of them stated facts sufficient to constitute a cause of action, and that each of them was barred by the provisions of sections 337 and 343 of the Code of Civil Procedure.

Upon the oral argument it was conceded by counsel for plaintiff that the demurrer was well taken in so far as it was directed against the several causes of action attempted to be pleaded for specific performance.

The covenant of the contract…