Minton

This is an appeal from a judgment in favor of plaintiff and against defendants. The ease was tried by the court without a jury. Defendants’ motion for a new trial was denied.

The facts follow: J. Ed. Mitchell during his lifetime had entered into a contract of purchase wherein he agreed to buy from Marin Lumber and Supply Co. a certain tract of land known as Duncans Mill property in Sonoma County, consisting of about 3,500 acres of timber land, sawmill, store, cottages, and personal property used in connection therewith. Upon the death of J. Ed. Mitchell the defendants W. D. Mitchell and Sallie A. Mitchell, being the sole heirs of J. Ed. Mitchell, succeeded to and took over the rights of decedent in and to the contract and entered into possession of the property. W. D. Mitchell and Sallie A. Mitchell will be hereinafter referred to as the defendants. Thereafter, on February 19, 1920, defendants entered into a contract with Earl D. Minton, plaintiff, under which they agreed to sell, assign and transfer their contract of sale and purchase to plaintiff, assuming the liability of payments due Marin Lumber Co. and also paying a certain price to defendants. This arrangement was with…