Abbott

This is an action for the specific performance of an alleged contract to convey the east one-half of section 31, in township 15 south, of range 24 east, Mount Diablo base and meridian, with certain appurtenant water rights, all situate in the county of Fresno.

Defendant had judgment upon the findings of the court, from which judgment, and from an order denying a motion for a new trial, plaintiff appeals.

It seems that five actions were brought by different persons against the same defendant, to enforce contracts for the conveyance of land under circumstances somewhat similar. In four of them the plaintiffs had judgment in the court below, which judgments were affirmed by this court. One of the four other cases was by this same plaintiff against the same defendant, and is reported in 87 Cal., at page 323.

The allegations of the complaint in this case are, in substance, as stated in the report of that case, on pages 324 to 327, and, being lengthy, will not be repeated here.

The answer, in the present case, denies all the material allegations of the complaint upon which a right in the plaintiff, either legal or equitable, to purchase the land in question could be based.

The…