McDougald

—This appeal is from the judgment. The findings are not attacked, and the only question that need be decided is as to whether or not appellant is entitled to judgment for the amount found to be due from the plaintiff. The case has been here before (McDougald v. Argonaut Land etc. Co., 117 Cal. 87 ), and the facts are there very clearly and fully stated. In this opinion, in speaking of plaintiff, reference is made to plaintiff’s intestate; and in speaking of Boggs, reference is made to John Boggs, deceased, of whose will appellant is executrix. The Argonaut Land and Development Company, a corporation, on the first day of May 1890, owned. a certain tract of land in San Joaquin County, near Stqckton, which it desired to sell for one hundred and forty thousand dollars. Boggs was, at said time, the owner of twelve thousand acres of land in Colusa County. An agreement was made between said corporation and said Boggs, whereby the corporation conveyed to Boggs its land near Stockton, and Boggs conveyed to the corporation his land in Colusa County, and also paid the corporation forty-four thousand dollars addi tional, in payment for the lands so conveyed by the corporation. It was a…