Wikstrom v. Yolo Fliers Club

Respondents have moved the dismissal of the appeal herein, contending that the action has abated. Appellant died on September 28, 1928, and his executor has been substituted in his stead herein.

The complaint charges the sale by respondent club through the respondent Pratt, its vice-president and agent, to appellant of a tract of land of 152.44 acres in Tolo County. Taking the complaint as true, a portion of the tract of land so purchased lies north of a certain fence and was by all the parties considered worthless. It was to be donated in the deed conveying the portion thereof south of said…