Alegretti

Action by plaintiff to quiet title. Cross-complaint by defendant and appellant seeking specific performance based upon the following written instrument:

Judgment for plaintiff. Defendant appeals.

The court found the execution of the above instrument as set forth on the date therein mentioned and the delivery of the same to the defendant. The court also found upon conflicting evidence that before the defendant had taken any action under and by virtue of the delivery to him of said writing, the plaintiff on the fifteenth day of August, 1918, withdrew the privilege or option given to the said Gardner to purchase the real estate therein mentioned by executing and delivering to the defendant the following notice:

The writing first above mentioned was recorded on or about the sixteenth day of August, 1918, in the office of the county recorder of the county of San Joaquin in the official records of said county. That thereafter no action was taken by the defendant in relation to the exercise of the privilege granted to purchase the premises described in said first-mentioned writing and the plaintiff, on or about the twenty-third day of August, 1922, began her action to quiet title to…