McCann

Judgment was entered against the plaintiff upon demurrer to his complaint, and this appeal is from that judgment.

In May, 1882, Blythe claimed to be the owner and was in possession of a tract of land in Mexico containing about one million eight hundred thousand acres, and at that date entered into a contract with the plaintiff by which the plaintiff and his family should go from San Francisco to Mexico, and live upon the land, and conduct and manage the business of breeding, raising and *550 selling hogs, cattle, horses and mules thereon from that time until December 31, 1887; and as compensation for plaintiff’s services he was to receive fifty dollars per month, fifty acres of said laud to be conveyed to him at the expiration of the contract, a certain number of cows, with their increase, and a percentage of the profits resulting from the business; Blythe to furnish a designated number of hogs, cows, brood mares, etc., and to make the improvements necessary for conducting the business.

Plaintiff entered upon the performance of the contract and continued upon the land in charge of the business until August, 1887. Blythe resided' in the city of San Francisco, and died in said…