McKevitt

The plaintiffs instituted this action against the City of Sacramento, and the city commissioners of that municipality, to reform and to enforce a purported contract for the purchase by the city of a tract of land for park purposes. They' also sought an injunction to restrain •the defendants from expending the proceeds derived from a certain bequest in any other manner than in accordance with the terms of the contract alleged to exist. The trial court entered an interlocutory decree in favor of the plaintiffs as prayed for, and defendants have appealed.

The undisputed facts in the case, set out in the complaint and embodied in the findings, disclose that William Land, by his last will and testament, bequeathed a sum of $250,000 to the city of Sacramento, in trust, to purchase a public park within a suitable distance of said city, to be known and called “William Land Park,” title to which should be vested in the city. The will authorized the mayor and board of trustees, which was the existing form of city government of the city of Sacramento at that time, to expend so much of the bequest as might be necessary for the purchase of ground suitable for a public park, and to expend the…