Dawson

This is an appeal from a judgment enforcing specific performance of a contract to convey an undivided one-tenth interest in five patents in consideration of 250 shares of the capital stock of the corporation respondent. This action grows out of the same facts and was tried upon the same evidence which was adduced in the case entitled Coleman v. Dawson, ante, p. 201 [ 294 Pac. 13 ], in which an opinion of this court was this day filed.

By the terms of a written contract the defendant agreed to purchase an undivided one-tenth interest in five patents on a briquette manufacturing machine for $10,000. The purchase price was represented by defendant’s note for $2,000 and his 96-acre ranch near Porterville. The one-tenth interest in the patents was transferred to the defendant. He executed and delivered to Coleman his note for $2,000, but refused to convey the ranch. In an action for specific performance of the contract, a conveyance of the ranch was directed by the court to be made. In the Coleman v. Dawson case, supra, this judgment was affirmed. The contract which was enforced in the last-mentioned case contained the following provision:

The By-Products Fuel Manufacturing Company…