Mullarky

The action was brought to recover damages for the breach of a contract to convey real estate. A general demurrer to the complaint was sustained and the correctness of the ruling is the only question involved in the appeal.

The foundation of plaintiff’s claim is disclosed by the following allegation: “That heretofore, to wit, on the eighteenth day of December, 1907, for a good and valuable consideration, plaintiff entered into an agreement in writing with defendant for the purchase of certain real property situate in the County of Alameda, State of California, by the terms of which agreement defendant agreed to sell and convey, and plaintiff agreed to buy certain real property in the County of Alameda; a copy of said agreement is hereto annexed and marked ‘Exhibit A’ hereby specifically referred to and made a part of this complaint as though duly incorporated therein.” Referring to said exhibit we find it does not contain any agreement whatever between plaintiff and defendant. It imposes no obligation and confers no privilege upon either in behalf of the other. Plaintiff did not promise to pay the consideration to defendant nor did defendant- agree to convey the property to…