Flood

This is an appeal by the plaintiff from a judgment in favor of defendants. The principal question involved on the appeal from the judgment itself is as to the correctness of the ruling of the lower court in sustaining a demurrer to a portion of the amended answer of plaintiff to the cross-complaint of defendants. A bill of exceptions accompanies the appeal from the judgment upon which appellant presents other questions for consideration.

This case was here before, the defendant therein being then the appellant, and is reported in Flood v. Templeton, 148 Cal. 374 , [ 83 Pac. 148 ].) This court on that appeal, which was from a judgment in favor of plaintiff, held that the trial court erred in not sustaining a demurrer to the complaint, and the cause was reversed.

In order to properly understand the point relative to the ruling on the demurrer now under consideration, it will be necessary to refer to the complaint involved on the former appeal. It alleged facts under which plaintiff sought the specific performance of a contract claimed to have been made between James Sullivan in his lifetime and herself, wherein he agreed to devise to her by will the real property described in the…