Wilson

This appeal is by the plaintiff from a judgment in the defendants’ favor based upon the order of the trial court sustaining the latters’ general and special demurrers to the plaintiff’s fourth amended complaint. There is also included an appeal from an order of the trial court striking out the plaintiff’s proposed fifth amended complaint. The action is one brought by the plaintiff to have reformed a certain contract alleged to have been entered into between himself and said defendants for the salé by them of certain real property and to have such contract, when so reformed, specifically enforced. The plaintiff in his said fourth amended complaint alleged that on the fourteenth day of April, 1922, the plaintiff and the defendant John Gr. Shea entered into an agreement by which John G-. Shea agreed to sell and convey and said plaintiff agreed to buy certain real property upon certain specified terms; that one John N. Gillies was the agent of said defendant in said agreement; that said John N. Gillies undertook to prepare and did prepare a written instrument purporting to express the above mentioned agreement between plaintiff and said defendant; that said instrument when so prepared…