Watson

Plaintiff sued for specific performance of a written contract to convey real property. From the judgment in plaintiff’s favor the defendant has appealed on the judgment-roll and a bill of exceptions.

Plaintiff owned an undivided one-fifth interest in a tract of land in Bear Valley, San Bernardino County, adjoining Bear Valley Lake and known as the “North Estate’’ land. On July 30, 1918, plaintiff agreed in writing to convey to one Waterman her entire interest in said land with the condi tion expressed in the agreement that Waterman would convey to plaintiff “a one acre lot, abutting on Bear Valley Lake and always having access to the margin of said Lake and forming a part of the real property hereinbefore described.” It was further agreed that if the lot tendered to plaintiff was not satisfactory to her Waterman would pay her the sum of five hundred dollars. On August 7, 1918, plaintiff conveyed her interest in the property to Waterman in accordance with this agreement and on October 20, 1919, Waterman conveyed to defendant, who expressly assumed Waterman’s obligation to convey the one-acre lot to plaintiff. Thereafter defendant subdivided the property into lots and on May 25,…