Blanc

The plaintiff appeals from the judgment and from an order denying his motion for -a new trial.

The action was one in which a nephew sought to obtain specific performance of an alleged oral contract by which the aunt, according to his declaration, agreed to devise to him a certain parcel of land located in the city -and county of San Francisco. The court found that there was no such contract and the appeal is based largely upon the alleged errors in the making of findings to that effect.

Nearly all of the facts are undisputed. Indeed many of them are settled by stipulation. Alexander Blanc and his wife, Susan Blanc, a childless couple, resided for many years in San Francisco. Alexander’s brother, Stewart Blanc, had married Susan’s sister and that couple had three children, the plaintiff herein being one of them. Stewart Blanc, the father, for some reason did not support these little children and about the year 1872 they were taken into the home of the uncle and aunt, Alexander Blanc and his wife. The plaintiff, who was but one year of age in 1872, remained with his uncle and aunt until the death of Alexander in 1891 and afterward for several years with the aunt. The boy was sent…