Moulton

This action was brought to enforce the specific performance of a contract for the conveyance of land.

Under the findings, which are, as we think, supported by the evidence, it appears that the plaintiff, the vendee, took possession of the land, by her agents, with the consent of the vendor, and made valuable improvement thereon on the faith of the contract. This is sufficient part performance of the contract, it being oral, to take it out of the operation of the statute of frauds, under the rule announced in Calanchini v. Branstetter, 84 Cal. 258 .

The most strenuous contention of the defendant for the reversal of the order refusing a new trial seems to be as to the rulings of the court upon the admission or rejection of proffered evidence.

The contention of the plaintiff is, that she traded her tract of land, about eight hundred acres in Colusa County, for a band of horses and the land of the defendant in Lassen County; that putting her land at $16,000 and the defendant’s horses at $8,000, the defendant agreed to assume a mortgage on her lands over $5,000, and make her a title to his land in Lassen, which was valued at $2,675; that as he could not, on account of certain…