Vendor and Vendee—Description op Land in Contract fob Sale must be Definite.—The description of the land to be conveyed is one of the most essential parts of an agreement to sell. Such a contract must be in writing, subscribed by the party to be charged, and must contain such description of the land, either in terms or by reference, that the property may be identified without resort to parol evidence.

Id.—Insufficient Description—Specific Performance—Insufficient Pleading of Identity of Land.—A description of the real property agreed to be sold as “our land of 1060 acres,” in a contract dated “Wilkins Baneh, September 22nd, 1909.” is not sufficiently definite to admit of the specific performance of the contract by the vendee, where the complaint in an action therefor fails to aver any extrinsic facts showing that the description was intended to designate the land particularly described therein, as for instance, that the tract sued for was known as the “Wilkins Ranch,” or was the only realty containing such number of acres possessed by the vendor.

Id.—Averment op Intent op Vendor.—An allegation in such complaint that by such vague description the vendor intended to designate the land in a certain county particularly described therein, is an averment of a mere conclusion, and insufficient to cure the defect in the description.

Id.—Abstract of Title Furnished by Vendor.—The circumstance that in the agreement the vendor promised to furnish and did subsequently furnish abstracts of title is immaterial. •

Id.—Prior Conveyance by Vendor—Recording Deed Before Tender of Purchase Price—Estoppel of Prior Grantee.—A vendee under an optional contract for the purchase of land is not entitled to specific performance against a prior grantee of the vendor, whose deed was recorded after the option but before the tender by the vendee of the purchase price, in the absence of any conduct on the part of such grantee operating to estop him from asserting his title.

Id.—Insufficient Allegations op Estoppel in Pais.—The mere allegations that such grantee refused to join in the execution of the contract for sale, declaring at the time that he had no interest in the land, and that the vendee was thereby induced to act upon his statements, is insufficient to show an estoppel in pais, in the absence of further allegations that the grantee acted fraudulently or with such gross negligence as amounted to constructive fraud, or that he was apprised of the true state of his own title when he made such statements, or that the vendee was without knowledge or means of knowledge of the true condition of the title.