Archer

Action to compel specific performance of a written contract assigned to plaintiff whereby it is claimed respondent agreed to sell and convey the real estate therein described.

At the close of plaintiff’s evidence, the court granted a-motion made by defendant Lewis for a nonsuit and gave judgment against plaintiff, from which, and an order denying his motion for a new trial, he appeals.

The basis of the action is a contract dated January 19, 1909, the material parts of which follow:

On April 8, 1909, Gregg made an indorsement upon said contract as follows: “For value received, I hereby sell and assign all my right, title and interest in and to the within contract to C. E. Archer. A. H. Gregg,” and then and there delivered the same to plaintiff. It appears from the testimony adduced at the trial that prior to the assignment of the contract so made by Gregg, plaintiff proposed to purchase the property from respondent and was told by her that she could not sell it to him, for the reason that she had given “an option or contract on the land” to Gregg, which was to run ninety days from January 19, 1909, and that if he would acquire such option she would sell him the land. Plaintiff…