Hollinshead

The judgment and order denying a new trial as to that portion of the premises described in the complaint and not described in the equitable defense of Simms are affirmed. In all other respects the judgment and order denying a new trial are reversed and the cause remanded with directions to enter a decree, that upon payment by Simms to Hollinshead of one dollar and twenty-five cents per acre for each acre of land contained in the tract described in the equitable defense, Hollinshead do forthwith convey to Simms all the estate, right, title and interest derived to him, said Hollinshead, in or to the premises described in the equitable defense, by or through the several applications made by him to the land department of the University of the State of California, for the purchase of said premises, and that said appellant Simms recover against said Hollinshead the costs of this action, including the costs of this appeal.

A petition wras filed for a rehearing, and the Court filed the following opinion denying the same :

The fourteenth finding of the Court is as follows:

The sixth finding is as follows:

It is not claimed that the evidence given at the trial did not support the…