Tutt

The action was one for a decree requiring defendant to specifically perform a contract for the conveyance of real property. It is based upon an agreement between defendant and plaintiff’s assignor, which is in the words and figures following:

“Long Beach, California, Oct. 26th, 1904.

“Received of Southern California Realty Co., one hundred ($100) dollars as deposit and part payment on the west 140 feet of lots 10, 12, in block 67 of the city of Long Beach, county of Los Angeles, state of California.

“Certificate of title to be furnished showing said property free of all encumbrances; also deed properly signed and executed.

“Price to be thirty-five hundred ($3500) dollars net to seller; terms, fifteen hundred ($1500) dollars cash, balance payable $1000 in one year and $1000 in two years, with interest at 7% on deferred payments.

“W. J. DAVIS.

“L. F. Oakes,

“Witness to Signature of W. J. Davis.”

It is averred that Oakes subscribed his name as witness at the request of defendant Davis, and that the instrument, duly acknowledged so as to entitle it to record, was recorded in the records of Los Angeles county, state of California, on November 22, 1904; that on the date of the…