Furtinata

Action for specific performance of a contract for the sale of land. Plaintiff had judgment, from which and from the order retaxing the costs, defendants appeal.

It appears from the amended complaint that, on November 14, 1905, defendants entered into a written contract with plaintiff (wife of P. Bianchi; the action concerns her separate property), by which she was let into possession of certain thirty-three and one-third acres of land belonging to defendants, situated in section 4, T. 2 S., R. 8 E., in San Joaquin county, plaintiff agreeing to plant the same to Tokay and Zinfandel grapes, in the proportion advised by defendants; prior to February 1, 1906, “to prepare said land for the cultivation of grapes only and is to grant, cultivate, prune, hoe and weed, and is to pay all expenses incurred thereto.” It was further agreed that should plaintiff “fail to perform any part of his [her] duty at' the usual and customary time,” defendants, “at their own option, perform said duties necessary for the cultivation of grapes) and hold a lien on the property hereinafter described as property belonging to” plaintiff, “at the following wages: One man per day, $2.00; one man and two horses…