Luitwieler

There are four principal grounds advanced by appellant for reversal of the judgment herein. They are: First, that the complaint does not state facts sufficient to constitute a cause of action; second, that the court erred in denying appellant’s motion for a nonsuit; third, that the evidence is insufficient to justify the findings; and fourth, errors of law in admission and rejection of evidence.

Considering these grounds in the order named, we will first take up the appellant’s contention that the complaint does not state facts sufficient to constitute a cause of action. Among other things, the plaintiff has alleged, in his complaint, that respondent and appellant are bus- band and wife; that certain real property described therein is their community property; that said parties had entered into a written agreement of date August 7, 1912, concerning said ■ real property, wherein they had agreed that the proceeds from the sale thereof “whether in land, money or securities, shall be divided between the parties hereto share and share alike, each party to receive one-half thereof”; that appellant had received and used large sums of money coming into her hands from the sale of certain…