Allstead

Specific performance. Plaintiff and defendant entered into the following written agreement, at San Francisco, on September 14, 1892: “Gustave Allstead and William Meol agree to exchange property as follows: William Meol deeds to G. Allstead five lots in gift map No. 3, viz., 1540, 1547, 1548, 1549, and 1550, in exchange for forty-five acres of land in Anderson, three-quarters of a mile from Anderson R. R. station, Shasta county. G. Allstead guarantees his title to be perfect, or no sale. William Mchol has an abstract ordered, for which G. Allstead pays twenty dollars, if title proved good. If title of William Meol is defective, G. Allstead does not have to pay said twenty dollars. William Meol reserves the right to make title good if it is defective, or annul the exchange. Wm. Meol, in addition to the lots above, gives Allstead, if the trade goes through, Allstead’s promissory note for twenty-five dollars.” The court finds the particular description of the property agreed to be exchanged by the parties, and .that on October 17, 1892, plaintiff made a written tender personally to defendant of a sufficient deed to the property of plaintiff, and a tender of the twenty dollars…