Coger

This action was brought to recover damages arising out of a breach of an agreement to sell real property. The trial was had before a jury, and a verdict was rendered against appellant in the sum of $9,000. The verdict also contained a finding in favor of defendant J. H. Wiltsey. This appeal is taken from the judgment entered upon the verdict, and is prosecuted by defendant and appellant, Mary J. Wiltsey. Counsel for appellant did not represent her at the trial.

On June 25, 1928, appellant was the owner of certain real property near Red Bluff, California, consisting of some ten acres of land, with a dwelling-house thereon. Upon the date mentioned she and her husband, J. H. Wiltsey, entered into a written agreement with respondent, by the terms of which the Wiltseys leased to respondent the real property mentioned for a period of five years, at an annual rental of $360 per year. The following portions of said agreement are pertinent to the issues in this case:

Bespondent took immediate possession of said property, and has been in possession thereof ever since.

The deed mentioned in the agreement was not deposited in escrow, until March 2'0, 1930, although respondent had several…