Walker

This is an appeal by the defendant from a judgment against it in an action brought by the plaintiff to recover on his own behalf and as the assignee of his sister-in-law, money paid by them under contracts with the defendant for the purchase of two lots, on the ground that the defendant had breached the contracts, in that it had failed to put in street improvements as agreed within the time specified in the contracts.

This case has 'been before the • supreme court of this state on a prior appeal, and the opinion of that court appears in 181 Cal. 773 , [ 186 Pac. 356 ], A reading of that opinion, which is the law of this ease, reveals the fact that it covers all matters disclosed by the evidence in the present record. The legal questions involved are discussed by the supreme court from every possible angle, and it would, therefore, be a useless proceeding for us to indulge herein in a similar discussion of the same legal principles.

[1,2] Upon both appeals, the defendant made the contention that the action was prematurely brought. Upon the former appeal that argument was answered by the supreme court by pointing out that the president of the defendant corporation, on its behalf,…