Strait

Action to recover damages for breach of contract to convey real property. The case presented by the record is somewhat unique. Plaintiff, the owner of certain premises at Redlands, entered into an agreement in writing on June 19, 1907, with defendant Mary Wilkins, to exchange the same at an agreed value of $6,500 for other property at Covina, the agreed value of which was fixed at $10,500. In such agreement defendant agreed to assume a mortgage of $3,000 on the Redlands property, and plaintiff agreed to pay defendant $500 in cash and execute a mortgage to defendant for $6,500 on the Covina property. Defendant, on June 28th gave notice of the repudiation of the contract, on the ground that the Covina property was community property over which she had no control, and further, that the written instrument was insufficient in form to constitute a valid agreement of sale and transfer. Thereupon, this action for damages, on account of defendant’s failure and refusal to carry out the contract, was commenced. Plaintiff, with the evident purpose of enhancing damages, alleged that his property at Red-lands was of the market value of $5,000 only at the time of making the contract, while the…