Contreras
Contreras v. Loya
Opinion
Lead Opinion
Nourse, J.
Appellant is the plaintiff in an action brought by him for specific performance of an alleged oral contract for the conveyance to him of an interest in certain real property. He appeals from a judgment of dismissal entered after the defendants’ general demurrer to his complaint was sustained without leave to amend.
The allegations of the complaint are substantially as follows : Prior to December 1946, plaintiff and one Mary Suarez Contreras (hereinafter called “Mary”) were husband and wife; that in December 1946, Mary obtained a final decree of divorce from plaintiff; that during the divorce proceedings plaintiff conveyed to Mary certain real property as her sole and separate property; that in 1954, plaintiff and Mary resumed marital relations and cohabited together as husband and wife until Mary’s death on March 21, 1959; that in January of 1958, plaintiff and Mary entered into an oral agreement whereby they agreed that they would remarry on or about June 12, 1959; that plaintiff should pay to Mary a definite sum of money and would “support and render consortium and protection” to Mary during their lifetime and *178 that in consideration of his so doing Mary would “on their…