Rice

Defendant was the owner of lot 1, block A, of Spence & Falvey’s subdivision, city of Monrovia. March 1, 1926, the plaintiff purchased from defendant by grant deed the east 92 feet of said lot. Lot 1 has a frontage of 150 feet on White Oak Avenue, which bounds it on the north. It is bounded on the east by Myrtle Avenue. At the time of the conveyance to the plaintiff there were pending condemnation proceedings by the city of Monrovia by which the city sought to widen White Oak Avenue, and to do so sought to condemn a strip 16 feet in width off of the entire north frontage of said lot 1. These proceedings went to judgment long subsequent to the execution and delivery of said deed, and the defendant received as damages and compensation for this strip of land 16 feet wide and 150 feet in length the sum of $6,400. Plaintiff claimed that it was entitled to 92'/150ths of this amount, and brought this action to recover the same. The defendant contended that at the time of the sale to plaintiff, plaintiff was aware of the pendency of the condemnation proceedings and agreed that all the money to be received by the defendant as damages for the taking of said 16-foot strip of land should…