Biggi

The plaintiff was at one time the wife of the defendant, Narcisso, and in October, 1888, pending an action between them for divorce, they entered into an agreement for the division of their property, in which it was provided that a lot of land situated on San Pablo Avenue, in Oakland, should be sold, and the proceeds of the sale equally divided between them, but that such sale should not be for less than three thousand one hundred dollars, and that whenever an offer should be made therefor, one Vandercook should be the exclusive judge as to the value of said premises, and as to accepting or rejecting said offer, and that they would abide by his judgment, and sell the premises for such sum as Vandercook might determine. This lot of land had been purchased during the marriage of the parties, and the title thereto taken in the *38 names of them both; but the judgment of divorce which was afterwards rendered between them, was silent upon the disposition of the community property. In June, 1889, Vandercook received an offer of three thousand two hundred dollars for the property, which he deemed sufficient therefor, and which the plaintiff agreed to accept; but the defendant, when…