Kidd

Defendant appeals from a judgment in favor of plaintiffs in an action for specific performance of a contract to convey an interest in real property and to have defendant declared a constructive trustee of the property.

Facts-. Plaintiffs and Clarence W. Kidd (now deceased) were brothers, who had lived upon, and assisted with the operation of, a dairy farm established by their mother when they were children.

In 1927 plaintiffs formed a partnership and took over complete responsibility for operation of the dairy, at which time decedent left the ranch and did not participate in the partnership or its operation.

The mother retained title to the property until her death in 1952, when title passed to the four sons, share and share alike.

In March 1955 plaintiffs gave decedent checks for the full price of $3,100 in payment for his interest in the property, pursuant to a specifically enforceable contract. Decedent never repudiated his obligation to execute a deed and several times orally affirmed his intention to attend to the matter. He died in September 1960, however, without having done so.

Plaintiffs in the meantime continued in possession of the property, paid the taxes, and…