Lattin

This is an appeal from a judgment entered upon plaintiffs’ failure to amend their complaint after a general demurrer thereto had been sustained.

It is alleged in the complaint that plaintiffs are husband and wife; that on March 9,'1887, at Los Angeles, the defendant and sundry other persons, as parties of the first part, and James McLaughlin, as the party of the second part, made and entered into a written agreement whereby the defendant, Hazard, and others, as parties of the first part, in consideration of the benefits to accrue to them, and desiring to have a steam-dummy railroad extended westerly beyond the city limits of Los Angeles into and through the section of country in which their lands were located, and to secure such an extension of said road, agreed to pay, transfer, and set over unto the party of the second part the sums of money and land aligning the roadway of said road by each subscribed; that H. T. Hazard, on his part, agreed to convey five acres of land, the same “ to be in a compact, nearly square form, .... situated anywhere in the east half of the northeast quarter of section 24, township 1 south, range 14 west, San Bernardino meridian ” ; that the several…