Scholes

This is an action to establish a trust in a parcel of real property and to quiet title to an undivided one-half interest in it. The complaint alleges that upon certain considerations the parties had agreed to take title to the property, that defendant took title thereto in his own name in severalty and that he refused to convey to plaintiff her one-half interest. Plaintiff had judgment and defendant appeals.

It is contended by appellant that the trial court erred in refusing to receive a certain letter in evidence. The missive was written by respondent’s counsel to appellant and it was offered upon the theory that it contained an admission that respondent was entitled to but a one-fourth interest in the property, the objection to its reception in evidence being that it was but an offer of compromise. The body of the letter follows:

It should be observed in explanation of this letter that the mention of the figures contained in it and the offer of appellant to accept an occupancy of the premises in settlement of her claim to an interest in the property all arose from certain negotiations which, according to the testimony of appellant, had preceded the final agreement to acquire…