Sontag

This appeal is from a judgment in favor of the defendant in an action to obtain specific performance of an alleged agreement to sell real property.

If the agreement exists no question of the plaintiffs’ right to the relief sought is raised. The complaint alleged a written contract and the plaintiffs offered and relied upon the following as establishing an agreement to sell on the part of the defendant.

The record shows that prior to October 21, 1929, the plaintiffs had been the owners of the residence property situate at 25 Hartford Street in San Francisco, upon which the defendant held a deed of trust in the principal sum of about $4,800. The plaintiffs were in arrears on the payments of principal and interest and a sale was duly conducted under the terms of the deed of trust, pursuant to which the defendant became the owner of the property. The plaintiffs expressed a desire to remain on the premises and, if arrangements could be made, to repurchase it. A rental of $50 a month Avas agreed upon and the following document was issued to the plaintiffs:

Subsequently the plaintiffs received from the defendant a letter dated November 5, 1929, which reads: “On November 1, 1929, we…