Merrill

This action is for an accounting and for one-fourth of the net profits and income derived from the operation and development of certain real property and sale and distribution of oil and gas produced therefrom, and for specific performance of a contract to convey to plaintiff a one-fourth interest in said real property. Said action is predicated upon the following contract executed by the parties hereto:

It will be noticed that the only description of the real property contained in said written agreement is “a certain piece of gravel land which the party of the first part purchased from Abel Moynier and Wife, to-wit.” The evidence shows that Gordon & Harrison, the defendants herein, designated in said agreement as “the parties of the first part,” had on or about the twenty-fourth day of September, 1921, purchased from Abel Moynier and Jerondine Moynier, his wife, lot seven of Moynier’s tract in the county of Los Angeles containing 17.76 acres of land, upon which there was located a deposit of sand and gravel. Parol evidence was admitted by the trial court for the purpose of identifying the property, which was the subject of the contract of date October 7, 1921. The plaintiff…