Ogren

This is an appeal upon the judgment-roll wherein it appears that the facts necessary to a consideration of the case upon appeal may be stated substantially as follows: On or about June 24, 1913, the defendant executed a conditional sale contract with the plaintiff, therein agreeing to sell to the latter a certain lot in the Inner Harbor Tract of Long Beach, Los Angeles County, for the principal sum of $900, $90 of which was paid on said date, installments of $10 each were to be paid each month, and the defendant agreed to furnish a good and sufficient deed and certificate of title upon full payment of the purchase price. Thereafter, and on April 20, 1919, the Los Angeles County flood control district instituted condemnation proceedings against the appellant and others, but without joining the respondent, by virtue of which proceedings the district acquired possession on May 14, 1919, of a large tract of land, including the land in question. On October 6, 1919, appellant notified Ogren that in order that he might benefit by certain proposed improvements in that vicinity appellant would exchange a lot or lots of like value “for the lot or lots which you hold under contract in the…