Anderson

Defendant on the judgment-roll alone, appeals from an adverse judgment. While this appeal was pending, the original plaintiff and respondent, John P. Clark, died, and the administrator of his estate, Arthur Anderson, was substituted in the suit. Notwithstanding this substitution, we shall, for convenience, refer to the original plaintiff, Clark, as the plaintiff in the action and the respondent on this appeal.

From the findings it appears that on March 5, 1908, the plaintiff, John P. Clark, and Thomas H. Thompson, defendant’s grantor, entered into a written contract whereby Thompson, as vendor, agree-d to sell and convey, and plaintiff, as vendee, agreed to purchase, for four thousand eight hundred dollars, payable in installments, four lots in Tulare County. The property that Thompson thus agreed to convey to plaintiff is described in their contract as follows: “Lots One, Three, Six and Seven of Riverside Colony, as shown and delineated on the map of said Colony on file in the office of the County Recorder for the said county of Tulare, save and except some rights of way granted to the Consolidated Canal Company.”

Prior to this contract, namely, on October 28, 1905, the…