Eichholtz v. Nicoll

This is an appeal from a portion of a judgment ejecting defendant from real property in Bishop, in Inyo County, and ordering specific performance of a contract in which plaintiff had agreed to sell the property to defendant for $2,000. Only the portion of the judgment decreeing specific performance is before us for review so we need devote no time to the other.

The complaint alleged that plaintiff was the owner of the property. This was admitted by the answer and found to be true by the trial court.

Under date of September 1, 1942, plaintiff and defendant entered into a contract leasing the…