Sullivan
Sullivan v. Moorhead
Opinion
lead Opinion
Harrison, J.
October 10,1889, the plaintiffs and defendant entered into an agreement for the exchange of lands, by which the defendant agreed to convey to the plaintiffs certain property in Los Angeles “ known as lots ten (10), eleven (11), twelve (12), and thirteen (13), in the Pomeroy and Mills subdivision of the Hollenbeck tract, containing about two hundred (200) feet front, and one hundred and ten (110) feet in depth, together with the houses thereon known as Hos. 706 to 712, Hew Main Street, inclusive.” In purported execution of this agreement the defendant on the seventeenth day of December, 1889, made a conveyance to the plaintiffs of “lots Hos. ten (10), eleven (11), twelve (12), and part of thirteen (13), in block Ho. 2 of the Pomeroy and Mills subdivision of the Hollenbeck tract, containing about two hundred (200) feet front, and one hundred and ten (110) feet in depth, together with the houses thereon, known as Hos. 106 to 112, Hew Horth Main Street, inclusive.” The plaintiffs having ascertained in February, 1890, that the deed of conveyance did not embrace all the land which the defendant had agreed to convey to them, commenced this action to compel the defendant to carry out the…