Eshleman

These three causes, together, are designated in this court by the number 18,018. In the lower court, they were numbered, respectively, 3180, 3593, and 3653, as above. All the parties to the three causes, being represented here by the same attorneys, have stipulated that the decision of this court in the first order, 3180, shall control the judgment in the other two. That is, if the judgment of the lower court is affirmed in the first, it shall be affirmed in the other two; but, if reversed or modified in the first, it shall be reversed or modified likewise in the other two. Therefore, only the appeal in the first (Eshleman v. Henrietta Vineyard Company and Halter) need be considered. It is an action to enforce specific performance of a contract to sell to plaintiff certain tracts of land situated in the county of Fresno, originally executed in writing. The written contract was between the defendant Halter, of the first part (vendor), and I. S. *586 Eshleman, of .the second part (vendee). At the time the contract was executed (January 11, 1886), the title to the land which was the subject of the contract was in the defendant Henrietta Vineyard Company, a corporation, whose…