Canty

This is an action for specific performance of a certain contract relating to the sale of real estate. The court granted defendants’ motion for a nonsuit and plaintiff appeals from the judgment thereupon entered in favor of defendants and from the order denying his motion for a new trial.

The real point at issue arises out of the construction to be given the contract in question, which latter is as follows:

Where an option is without consideration, it was held in Brown v. San Francisco Sav. Union, 134 Cal. 448 , [ 66 Pac. 592 ], that the owner could revoke the option before the expiration of the time given the optionee if an acceptance of the option had not been communicated to the owner. In White v. Bank of Hanford, 148 Cal. 552 , [ 83 Pac. 698 ], we have the case of an option to* purchase real estate, with the crops growing thereon, where there was a consideration. In that case it was held that there was no mutuality of obligation, inasmuch as the agreement nowhere imposed any liability on the proposed purchaser, optionee, to 1 make the purchase. His right, the court said, was “to complete the purchase and compel the execution of a deed [by the owners] upon performance of the…