Martin

This is a suit in equity for the reformation and ■specific performance of a certain contract entered into between one E. Tubbs and the defendant for the conveyance to the ■former by the latter of certain real property situated in the town of Yreka, Siskiyou county.

The court overruled a general and special demurrer interposed to the amended complaint. The defendant declined to answer, and thereupon a judgment reforming said contract and decreeing its specific performance as so reformed was entered against said defendant.

This appeal is from said judgment.

The averments of the complaint fail to disclose any ground which would authorize or justify a decree compelling the specific performance of the contract involved in this controversy and the demurrer should, therefore, have been sustained.

The offer by the defendant to sell said property to said Tubbs is in writing, dated, “March 26,1908,” and is addressed to “Mr. E. Tubbs,” and signed by the defendant. Therein the defendant offered to sell to Tubbs ‘ ‘ all of my property in Yreka for $1500, or the land without the building for $1090.00 or the north half of said land for $550.00, terms cash within 24 hours or $50.00 to-day and…