McGinn

We can perceive no valid objection to the sufficiency of the complaint in this action for the specific performance of an agreement to sell one-sixth interest in a certain mine in Mariposa County. The terms of the contract are set out, the tender of the balance due and a demand for a deed and defendant’s refusal to comply with the demand appear and it is further alleged: “That the said agreement of purchase and sale between plaintiff and defendant was in every respect fair and equitable and no advantage of any kind was taken of defendant and the said consideration so to be paid was a fair consideration for the said interest in said property, and the said sum of two hundred and sixty-five dollars was the value of said interest in said property at the time of said agreement of sale between plaintiff and defendant and the full amount asked by defendant therefor. ’ ’

In support of the complaint it would be presumed, if necessary, that said contract to sell and purchase was in writing, nothing appearing to the contrary. However, upon the sup position that it was a parol agreement, which it was shown to be by the evidence, there is sufficient to take the case out of the statute of…