Towle

Action to enforce the specific performance of an agreement for the conveyance of land forming a part of the Rancho San Jose y Sur Chiquito. The superior court gave judgment in favor of plaintiff in accordance with the prayer of the complaint, and the defendant appeals. The appeal is upon the judgment roll alone, and this contains no bill of exceptions. The only grounds urged for a reversal of the judgment which we deem necessary to notice in this opinion arise upon the face of the complaint.

*398 1. The contract which is the subject of this action was entered into between the grantors of defendant as parties of the first part, and the plaintiff and several other named persons parties of the second part, and, so far as necessary to be here stated, is as follows: —

It is claimed by the defendant that the description of the land agreed to be conveyed is so uncertain that the contract is not one which can be specifically enforced by a court of equity. The rule is of course a familiar one that the subject-matter, the particular land to be conveyed, is an essential term in every agreement for the sale of land, and unless this subject-matter is so described that it can be identified, a…