LaHue

This is an appeal by the plaintiffs from a judgment entered on an order sustaining a demurrer to their complaint without leave to amend.

The complaint is for declaratory relief and alleges the following facts:

Prior to February 1, 1947, the plaintiffs and defendants owned in common and operated as copartners a ranch consisting of approximately one section of land near Lancaster, California. On that date an agreement of dissolution of the partnership and settlement of accounts was executed by the parties. In addition to the dissolution and settlement the agreement provided for a transfer to the defendants of the plaintiffs’ interest in the real property and improvements, payment by the defendants to the plaintiffs of $1,500 in cash, and the execution and delivery to the plaintiffs of the defendants’ nonnegotiable promissory note in the principal sum of $3,500 payable in five years bearing annual interest of 5 per cent. A copy of the agreement and note is attached to the complaint. The reason alleged for the deferred due date on the note is the defendants’ representation that they had incurred considerable expense in remodeling the barn and procuring dairy equipment in pursuit of…