Marsh

Action for specific performance of a contract, "whereby plaintiff asserts that in consideration of twenty-five cents he was given an option to purchase, for the sum of $100,000, certain real estate owned by defendant. Judgment was rendered for defendant. Plaintiff appeals from the judgment, and from an order denying his motion for a .new trial.

The contract, specific performance of which is sought, is as follows:

“Rents, $260.00.”

On June 1, 1905, plaintiff notified defendant in writing that he exercised the right accorded by said contract regarding the extension of time therein specified and elected to extend the same for a period of thirty days.

On June 2, 1905, defendant, by a written instrument served upon plaintiff, revoked said option and notified him that she withdrew said property from sale.

On June 29, 1905, within the extended time, plaintiff left at the residence of defendant an instrument, of which the foEowing is a copy:

The contention of appeEant is that certain findings are not supported by the evidence. The findings material to a con sideration of the case are as follows: The court found that the sum of twenty-five cents paid for the option was an inadequate…

I concur in the conclusion reached and in most of the views expressed in the foregoing opinion, but I am of the opinion that there is evidence to support the finding by the trial court that the consideration for the option was inadequate. I concur specially that I may express my dissent from any portion of the leading opinion which is predicated upon there being no evidence to support this finding, and in order that I may assign my position on this question as an additional reason for affirming the judgment.