Raleigh v. Lee

The complaint embraces two counts— first, for the specific performance of a contract to convey certain real property, lots 2 and 3, Fruitvale Boulevard Tract, Alameda County, “Exhibit 1”; second, for damages for breach of a contract to convey lots 73 and 74, in above tract, “Exhibit 2.” Concerning the lots 2 and 3, it is alleged that plaintiff, Florence I. Raleigh, on May 3, 1906, entered into a contract with defendant whereby he agreed to sell and transfer to plaintiff Florence or her assigns and she agreed to purchase said lots for the sum of four hundred dollars, payable in monthly installments, together with interest; that said plaintiff, Florence, has complied with the terms of said contract on her part and has paid thereon the sum of $548.90, and, on April 24, 1912, demanded of defendant to comply with said contract on his part which he refused to do and that on said last-named day the said lots were worth of the value of one thousand eight hundred dollars.

In the second count it is alleged that, on January 18, 1907, one Frances A. Raleigh entered into a contract, similar in its terms to that above mentioned, for the purchase of said lots 73 and 74, for which she agreed to…