
    WILLIAM H. JENKS and another, Respondents, v. CHARLES H. PARSONS, Impleaded with others, Appellant.
    
      Complaint in action for specific performance—when insufiicient.
    
    This action is brought to enforce a mechanic’s lien, filed against the defendant S. M. Parsons, who is alleged to be the owner of the premises, and the defendant Edward K. Robins, who is alleged to have built houses thereon by permission of the said owner. The complaint then alleges that “ Charles H. Parsons has, or claims to have, some interest in said premises as owner thereof; and that at the time of filing said notice of lien, he was under a contract with the defendant Samuel M. Parsons, to convey said interest to the said Samuel M. Parsons, or his legal representatives; ” and asks that Charles H. Parsons be enjoined from conveying his interest in the premises until the further order of the court, and that the purchaser at the sale, under the judgment in this action, be entitled to a specific performance of the contract made by the said Charles H. with Samuel M. Parsons.
    Upon a demurrer interposed by the defendant Charles H. Parsons, held, that the complaint did not, as to him, state facts sufficient to constitute a cause of action. That the complaint should have alleged not only a legal contract to convey, but facts entitling the grantee to a deed under it, such as performance or readiness to perform its conditions.
    Appeal from an order overruling a demurrer interposed by the defendant Charles H. Parsons.
    
      S. M. Parsons, for the appellant.
    
      John R. Kuhn, for the respondents.
   Opinion by Barnard, P. J.

Present — Barnard, P. J., Tappen and Talcott, JJ.

Order reversed, with leave to plaintiff to amend in twenty days on payment of costs.  