Enlow

The action herein was to recover the sum of $500 and interest paid by plaintiff pursuant to negotiations had with defendant R. E. Durbin for a lease of real property. The cause was submitted to the trial court on an agreed statement of facts, and judgment was given in plaintiff’s favor. The defendants appeal.

The negotiations between plaintiff and Durbin were evidenced by an instrument in writing, signed by them, and reading as follows:

On or about November 1, 1921, and on several occasions thereafter, respondent demanded the return of the money she had paid under said instrument, but her demands were refused, and on July 31, 1922, she commenced this action to recover the same. The construction of the hotel building mentioned in said instrument was begun about February, 1922, and finished and the building ready for occupancy on January 15, 1923. Ignoring respondent’s demands for the return of said money, Durbin on July 14, 1922, wrote her to the effect that he was at that time prepared to “make” the ten-year lease mentioned in said instrument, and for her to let him know when it would be agreeable to her “to complete the lease,” and in October, 1922, tendered respondent the…