Wilson

In April, ,1914, the plaintiff, with two other persons, owners of a tract of land in Los Angeles County on which there was a pumping plant and some wells, entered into an agreement with the defendant whereby the land owners, as parties of the first part, agreed to convey to the defendant, party of the second part, that part of the land (amounting to one acre) on which the pumping plant and wells were located. A supplemental agreement was made in May, 1914. The defendant agreed to lay water-mains throughout the entire tract, and to maintain the plant and lines, and to furnish to the parties of the first part irrigation water at a specified rate. Three years later the defendant entered into,- a contract granting to Peters and Whiting an option to purchase the property which was to have been conveyed to him under the agreement of 1914. Thereafter Peters and Whiting transferred to the plaintiff all of their right and interest in their said agreement with the defendant. Thereafter the defendant surrendered possession of said property to the plaintiff. On the twenty-fifth day of April, 1922, the plaintiff commenced this action against Smith to quiet title to said premises. The defendant…