Yoakum

This is an action to recover damages for breach of contract relating to an exchange of properties. The case was tried by the court sitting with a jury, and judgment was entered in favor of plaintiff pursuant to the verdict of the jury. From the judgment defendant appeals.

Without a detail of the facts a brief history of the litigation may be given.

After the trial in the court below defendant made a motion for a new trial. This motion was granted, and from the order granting a new trial plaintiff appealed. The order appealed from was reversed. The facts of the case therefore fully appear in the reported case of Yoakam v. Hogan, 198 Cal. 16 [ 243 Pac. 21 ]. As indicated in the opinion on that appeal the supreme court did not consider the question of the sufficiency of the evidence save to determine that the same was not insufficient in law and was not without substantial conflict on any material point. Likewise, the question of the insufficiency of the pleadings was not considered.

On the present appeal from the judgment appellant contends that the complaint stated no cause of action and that his demurrer thereto should have been sustained.

The complaint alleged the purchase of…