Colm

This is a suit for the specific performance of a certain contract for a lease, or, more accurately speaking, to compel the defendant, Mary F. Francis, to execute a lease of certain land to the plaintiff in accordance with the terms of a certain written agreement, to be hereafter more specifically referred to.

The said defendant (respondent herein) demurred to the complaint on general and special grounds. The demurrer was sustained and, the plaintiff refusing or failing to amend, judgment was thereupon entered against him and in favor of the respondent.

This appeal is- brought here by the plaintiff from said judgment.

The case as made by the complaint is this: That one P. J. O’Brien and one F. P. Francis, both residents of Kern County, each claimed, adversely to the other, to be the owner and holder of the possessory title to certain government lands in Kern County, “under and by virtue of certain mineral locations and mesne conveyances of the same”; said lands being described in the complaint as the northeast quarter and the southeast quarter of section 6, township 11 north, of range 23 west, San Bernardino meridian; that said O’Brien and Francis, on the tenth day of September,…