Pease

Action to recover damages for breach of contract. In the complaint herein, the plaintiff shows that, in pursuance of an agreement between him and the defendant for an exchange of properties owned by them respectively, they each executed a deed of conveyance to the other; that at the time of such conveyances there was an encumbrance upon his land which had been placed there by himself, amounting to $4,000; that one of the terms of their agreement was that the defendant would assume and pay the said indebtedness and hold the plaintiff harmless therefrom; that the conveyance to the defendant contained a clause by which he assumed such obligation; that the defendant failed and neglected to comply with his said agreement or to discharge said encumbrance; that by reason of such failure the plaintiff was compelled to and did pay the sum of $1,342, and sustained other damages amounting to $570. He therefore asks judgment against the defendant for these amounts of money. The evidence at the trial disclosed the.following facts: In December, 1899, the plaintiff was the owner of a parcel of real estate in Oakland, situated at the northwest corner of Fourth and Jackson streets, which was…