Vaughan

The appeal in this case is-taken from a judgment entered in favor of the plaintiff. In the complaint facts were set out showing that plaintiff, on or about the 14th of December, 1911, executed in favor of defendant John A. Vaughan a certain writing which is in the complaint called “an option agreement.” This agreement related to certain realty. It is alleged that defendant Vaughan failed to comply with the terms and conditions of the agreement and failed to complete the purchase of the real property which was described; it was then alleged that the defendants “claim an estate or interest in said premises adverse to plaintiff by and through said option agreement, which in truth and, in fact is void and of no effect.” Allegation is made that the option agreement was recorded in the office of the county recorder and remained as a cloud upon plaintiff’s title. The prayer was that the option agreement be adjudged void and canceled and satisfied of record, and “that the cloud created thereby be removed,” and for general relief. An answer was filed and the case proceeded to trial, with the result as stated.

There was no dispute as to the terms of the writing, which was set out in full…