Turner

Plaintiff sued for the specific performance of a written contract for the sale of real property in Los Angeles County for the agreed sum of six thousand dollars. The complaint alleged that the written contract was executed on August 18, 1921, and arose from two letters and a telegram passing between the parties; first, a letter dated June 8, 1921, sent from Detroit, Michigan, by the defendant to the plaintiff, in which the defendant acknowledged receipt of plaintiff’s letter of June 3d, and offered to sell the property which is the subject of the action for the sum of six thousand dollars; and, second, a letter dated August 6, 1921, and also sent by the defendant to the plaintiff from Detroit, in which the defendant stated that his former offer would stand until January 1, 1922; the third, a telegram dated August 18, 1921, sent by the plaintiff to the defendant in Detroit in which the plaintiff stated that he would take the property for six thousand dollars, and added “send deed and certificate for collection to First National Bank Hollywood. Deed to run to me.” The defendant denied the execution of the contract on August 18th, or at any other time, and set up a special defense,…