Marsh

This is an appeal from a judgment entered upon sustaining a demurrer to the amended complaint, without leave to amend. The action was one by the vendee for specific performance of an alleged contract for the sale of certain real estate in the city of Los Angeles.

The complaint shows the following facts:—

On June 1, 1905, plaintiff notified defendant in writing that he accepted the privilege of thirty days’ extension, and elected to so extend the option.

On June 2, 1905, defendant notified plaintiff in writing that she declared the agreement terminated and withdrew the property from sale under said agreement, and she has ever since claimed that plaintiff has no right to purchase the property under said agreement. This claim has been made “in bad faith” and solely because the property has increased in value.

On June 29, 1905, plaintiff “notified the defendant . . . of his election to purchase said real estate, and duly tendered to and offered to pay her ... in gold coin of the United States of America, said cash payment of thirty thousand dollars, but she refused the same .and ever since has refused and now refuses the same.” Plaintiff is and at all times has been able, willing,…