Wunner

This is an action to compel specific performance of an oral contract, which plaintiff claimed was fully-performed on her part. At the time the contract was entered into the parties occupied the relation of landlord and tenant. The defendant, who is the tenant, conducted a grocery-store in premises owned by plaintiff, and he was desirous of increasing the dimensions of hid floor space. Accordingly the parities entered into an oral agreement whereby plaintiff agreed to purchase a vacant lot adjoining the leased premises, and erect thereon a building as an addition to the store held by respondent as lessee. The purchase of the lot was made by-plaintiff for the sum of four thousand seven hundred dollars, and plans for the erection of the building were prepared. In these plans it was provided that the east wall of the leased building should be removed so that the addition erected should be connected with and open into the store, and thus become an integral part of it. It was further orally agreed by the parties that before the erection of the building reached the stage where the removal of said wall was necessary, a new lease of the entire premises would be executed. Thereupon…