25 Cal. App. 2d 434 | Cal. Ct. App. | 1938
This is a companion case to de Mattos v. McGovern, this day decided (ante, p. 429 [77 Pac. (2d) 522]). To the petition for final distribution de Mattos filed objections and a prayer to the probate court to specifically enforce the oral agreement alleged in the complaint in the former action. He did not file any claim against the estate and made this his first appearance in the probate proceeding long after the time for filing had expired. The appellant concedes that his pleading states no cause other than one for specific performance of the alleged agreement, and states that he knows of no rule of law which would require him to sue for a money judgment in lieu of enforcing his rights under the agreement. In Morrison v. Land, 169 Cal. 580, 586 [147 Pac. 259], it is said: “it is elemen
For these reasons, and for the reasons given in the companion ease, the order is affirmed.
Sturtevant, J., and Spence, J., concurred.