Fair View Farms Co. v. Superior Court

P etitioners secured an alternative writ of prohibition directed to the respondent, the Superior Court of. the State of California, in and for the County of Los Angeles, requiring said court, at a date therein'fixed, to show cause why a peremptory writ of prohibition should not issue prohibiting and restraining said court in a certain action then pending before it from making, rendering or entering its decision in writing in said action, or making or entering findings of fact or conclusions of law or judgment therein. Treating the first paragraph of the return as a demurrer to the petition, we proceed on the theory that the facts alleged in the petition are admitted.

The action in which petitioners seek this writ is entitled “Walsh v. Fair View Farms Co. et al.”, and the complaint alleges that plaintiff therein made and entered into a contract with defendants and petitioners by the terms of which petitioners contracted to sell to plaintiff certain real property and to plant upon said property so contracted to be sold, grape-vines and to care for said vines when so planted. It is alleged that plaintiff under the terms of this contract paid to defendants sums amounting to…