Friedenberg

The plaintiff has appealed “from the whole” of the judgment. The judgment, with many provisions, declares that each party is entitled to a divorce; awards the plaintiff sums monthly for her support; and decrees many other things to her benefit. Of these various provisions she, understandably, makes no complaint in her briefs on this appeal; her sole claim is that the provisions affecting a quitclaim deed given to her were erroneous. We have concluded that the issues as to the quitclaim deed were correctly decided, and as a consequence the whole judgment should be affirmed.

The defendant alleged in his cross-complaint, and the trial court found: That he (the defendant) had made and delivered to the plaintiff a quitclaim deed covering the real property which stood in the name of the parties as joint tenants, but which was community property; that this deed was made and delivered in reliance on plaintiff’s promise to “file for divorce” and to “proceed with said action”; that this promise was made without any intention on plaintiff’s part of performing, and it was not carried out, but, instead, this action, originally one for separate maintenance, was begun.

The evidence was…